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All the judgment below is reversed.
Defendant
A Imprisonment of 1 and 6 months, Defendant B and E shall be sentenced to 10 months, and Defendant C, respectively.
Reasons
1. Summary of grounds for appeal;
A. Although Defendant E did not interfere with the use of forged or falsified documents, forgery of private documents, display of falsified investigation documents, and fraud as listed in the No. 5 No. 1 of the List of Crimes in the original judgment, the lower court convicted the Defendant of this part of the charges by misunderstanding the facts.
B. The following sentence imposed by the court below on the Defendants is too unreasonable.
(1) Defendant A: Imprisonment with prison labor for two years and confiscation. ② Defendant B and E: Imprisonment for ten months and confiscation. ③ Defendant C, D, and G: Imprisonment for eight months and confiscation.
2. Determination
A. Determination of the assertion of misunderstanding of facts by Defendant E 1) The Defendant’s name as to the facts charged against Defendant E is unknown. The N team leader (hereinafter “N team leader”).
In collusion, the N Team sent a photograph used to forge the resident registration certificate to the N Team leader and forged the resident registration certificate under the name of another, in collusion with the N Team leader and the defendant A, who is the chief of the N Team leader, received the forged resident registration certificate from the defendant A, and the head of the Tong and the card linked with him was issued by the bank using the forged resident registration certificate.
In collusion with the N team leader, the Defendant sent the Defendant’s photograph to the e-mail address of the N team leader on January 2014, and around that time, the N team leader used the AX’s resident registration certificate that was held in an irregular manner at the place of the venue and affixed his official seal in red color with the name of “AX, AY, and Mapo-gu Seoul Metropolitan Government Administrator” and then forged the Defendant’s official document in the above manner, including forgery of one resident registration certificate for AX under the name of the head of Mapo-gu Seoul Metropolitan Government Office, an official document, for the purpose of exercising the Defendant’s photograph by means of inserting the Defendant’s photograph, and forged a total of eight resident registration certificates for AX, AX, AZ, BB, BC, BD, and BE.
The defendant who is the N team leader and one chief of the PP around that time.