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(영문) 서울고등법원 2018.10.17 2018노1592
상습사기등
Text

Defendant

All appeals filed by A and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentence (2017 Gohap 803, 2018 Gohap 51: imprisonment with labor for one year, and 2018 Gohap 348: imprisonment with labor for one year) against Defendant A (unfair sentencing) is too unreasonable.

B. A prosecutor (Defendant B): misunderstanding of facts and misunderstanding of facts 1) fact [the forged and forged official documents (2017 senior 803, 2018 senior 51 senior 2018 senior 2018 senior 2018 senior 51)] ① The defendant involved in the crime of this case by arranging a vehicle to A and H], and considering the defendant's role, if the defendant considered the defendant's role, he appears to have put at least questions about the origin and authenticity of the motor vehicle registration certificate of this case and the motor vehicle of this case (hereinafter referred to as the "motor vehicle of this case and Adidi vehicle of this case"). ② A's certificate of employment forged from the defendant's cell phone was discovered; ③ the defendant was found to have been forged in documents related to A; ③ The defendant himself/herself also requested for the forgery of the motor vehicle registration certificate and received the registration certificate by facsimile after his/her request.

In light of the statement, it can be recognized that the defendant participated in the crime of forging each official document of this case and uttering of forged official document of this case.

Nevertheless, the lower court erred by misapprehending the fact that the lower court acquitted each official document on charges of forging each official document and uttering forged official document.

2) The lower court’s sentence (20 million won in penalty) against an unfair defendant in sentencing is too unhued and unreasonable.

2. Determination as to the prosecutor's assertion of mistake of facts

A. A’s summary of the facts charged is as follows: (a) the Defendant’s use of forged and forged official documents (2017 Gohap 803) requires a registration certificate of the said vehicle to W, who is a forged business entity, while making cash loans by offering as security and lending money without permission, etc.; and (b) A’s use of the said vehicle is required.

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