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(영문) 청주지방법원 2021.01.21 2020노1057
사기등
Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for a term of one year and eight months.

Reasons

1. Summary of grounds for appeal;

A. In relation to Defendant 1’s mistake of facts and legal principles, Defendant 1’s fraud against the victim B Co., Ltd. (hereinafter “B”) (criminal facts No. 1-A), the “approval for Development Commencement” and “basic contract” forged by the Defendant was prepared by the bank to obtain a loan from the bank, and the time was exercised after the Defendant worked for the victim, so it was not used for the victim’s deception, and the Defendant was not infinited with the person in charge of F Co., Ltd. (hereinafter “F”), and it was merely an exaggeration of the fact that the Defendant did not deceive the victim, nor did the Defendant deceive the victim, nor did the Defendant be employed for the contract for the supply of the sulgyp. (hereinafter “F”). Since the Defendant was engaged in other business activities than the Defendant’s deception or the payment of the victim’s benefits.

With regard to the fraud of victim L(hereinafter “L”) (criminal facts No. 2-b), the actual operator of B’s E did not exercise influence over E in presenting the forged documents to N or explaining the conclusion of the supply contract with F insulgyn, and employing the Defendant is based on L’s judgment. Since the Defendant was engaged in other business activities than the above supply contract, it is not acknowledged that the Defendant’s deception or L’s acquisition by transfer and payment by transfer and payment by transfer are not recognized.

Nevertheless, the judgment of the court below that found this part of the facts charged guilty on a different premise is erroneous by misapprehending the legal principles and thereby affecting the conclusion of the judgment.

2) Sentencing unfair criminal defendant reflects the crime of forging and uttering of the private document of this case. Accordingly, there is no benefit obtained by the defendant in addition to the benefits, and there is no family member who should support the victim P in the trial, and there is a family member who should support it.

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