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The judgment of the court below is reversed.
Defendant shall be punished by imprisonment for a year and February of one year and a fine of KRW 7,00,00.
The above fine shall be imposed on the defendant.
Reasons
1. Summary of grounds for appeal;
A. The sentence of the lower court (one year and two months of imprisonment, and seven million won of fine) is too unreasonable.
B. The above-mentioned sentence of the prosecutor is too unhued and unreasonable.
2. Prior to the judgment on the grounds of ex officio appeal, prior to the judgment on the grounds of appeal by authority, the prosecutor changed the “use of forged securities” among the names of the crimes in the case 2017 Godan 211, to “use of falsified securities,” and forged the check “use of falsified securities” under Article 1(8) of the facts charged in the instant case.
The part “” was modified to the check.
“Along with the fact that there was a genuine issuance of a forged water ticket, the instant charge No. 2-2-3, i.e., the rice payment under the pretext of the settlement of rice price.
“As a result of the lawful issuance of the revised water table, the rice price was paid in the form of a rice payment.”
Inasmuch as the subject of the adjudication was changed by this Court after filing an application for changes to “the modification of a bill of indictment,” the lower judgment was no longer maintained.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act, and the judgment below is reversed, and it is again decided as follows.
【Grounds for a new judgment】 Facts constituting a crime and summary of evidence recognized by the court, the summary of the facts constituting a crime and the evidence was committed in accordance with the 2nd sentence of the judgment below.
“The purpose of this Act was to change”.
“Along with the change of the 3.0 M&D exercise,” the “3.0 M&D exercise” of the 18 e.g., the 18 e.g., the relevant column of the lower judgment is the same as that of the lower judgment. As such, it is cited by Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 347(1) of the Criminal Act applicable to the facts constituting an offense, Article 347(1) of the choice of punishment (the fraud, the choice of imprisonment), Article 5 of the Control of Illegal Check Act (the modification of a check) and Article 217 of the Criminal Act.