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(영문) 서울서부지방법원 2017.12.21 2017노61
사기등
Text

All part of the judgment of the court below against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment for four years.

seizure.

Reasons

1. Summary of grounds for appeal;

A. As to Article 1-B of the Criminal Act No. 1 of the 2015 High Order No. 1593, Defendant A1 was guilty of facts, Defendant A1 did not fully take part in the above loan because P and Q knew that the loans from P and Q were made to the victimO by the Defendant.

With respect to Article 2 of the "2015 High Order 1593" as stated in the judgment of the court of first instance, the following facts are not forged: (a) the details of access by the transferred household is directly issued by the employees of B and the social loan company for victims' worship, which is not forged.

With respect to paragraph 5 of the "2015 Highest 1593" criminal facts in the judgment of the court of first instance, AK and 401 of Eunpyeong-gu Seoul Metropolitan Government were issued directly by AJ and the victimN, and the defendant did not know that the above transfer household inspection details were forged.

Therefore, the defendant exercised an altered or altered official document and acquired money from the victim.

subsection (b) of this section.

With respect to the crime of "2016 Highest 1735" as stated in the judgment of the first instance, the defendant shall not be aware of D.

The Defendant did not participate in the lending of D, etc. from the victim BF by forging the details of the transfer household inspection.

As to the facts charged in the judgment of the court below in the second instance, it is an alteration of a public document to prepare the particulars of the moving household in the manner of removing the particulars of the moving household of DI recorded in the particulars of the moving household of the original city, Nowon-gu, Seoul Special Metropolitan City, 104, 01, and 01, the second instance court recognized the use of a forged public document and forged public document, and thus, the second instance court erred by misapprehending the legal principles of forgery and alteration.

In addition, the person who participated in the loan from the victim BF is AJ, and the defendant was not involved.

With respect to the facts charged in the judgment of the second instance 2, 2017 order 1120 order group - The defendant is liable for the defendant's leading of the crime to BS which has visited the defendant.

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