beta
Text
The judgment of the court below is reversed.
Defendant
A shall be punished by a fine of KRW 15 million, and Defendant B shall be punished by a fine of KRW 8 million.
Reasons
1. Summary of grounds for appeal;
A. The court below erred by misapprehending the legal principles as to this part of the facts charged, which convicted the Defendants by applying the crime of forging a private signature and the crime of forging a private signature and the crime of signing a private signature, and thereby adversely affecting the conclusion of the judgment, even though the Defendants’ arbitrary entry of the signature in the participants column of the minutes of this case and the use of the above document without authority by using the N, etc., only constitutes the crime of forging a private document and the crime of forging a private signature and the crime of forging a private signature and signing a private signature.
B. The sentence sentenced by the court below to the defendants (Defendant A: 10 months of imprisonment, 2 years of suspended sentence, 6 months of suspended sentence, 2 years of suspended sentence) is too unreasonable.
2. Before ex officio determination of the grounds for appeal by the Defendants, the prosecutor examined the facts charged of Paragraph 2 of Article 2 against the Defendants at the time of the trial, and the prosecutor changed the facts charged of the previous charge to the ancillary charge, and the name of the main crime is "the forgery of a private document or the exercise of a private document" as "Articles 231, 234, 30, and 40 of the Criminal Act" as "Article 231, 234, 30, and 40 of the Criminal Act". The main charge is "Article 231, 234, 30, and 40 of the Criminal Act." This court permitted this part of the charges and the remaining facts charged against the Defendants are concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, the judgment of the court below is no longer binding, and the Defendants cannot be held guilty of the revised facts charged (the revised facts charged, the signature or the exercise of a private document, etc.).