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(영문) 서울동부지방법원 2015.05.15 2014노1817
사기등
Text

Of the judgment of the court of first instance, the part concerning the crime of 2014 Go-Ma1332 and 2014 Go-Ma1475 in the judgment of the court of first instance against Defendant A and Defendant B.

Reasons

1. Summary of grounds for appeal;

A. Defendant A1) misunderstanding the fact that the Defendant did not take part in forging the resident registration certificate under the name of K, and did not take part in the crime after forging the said resident registration certificate, and did not take part in the crime as to attempted fraud against the victim AD, forging a private document, uttering of a private investigation document, and uttering of a forged public document. 2) The punishment of each lower court of unfair sentencing (the first instance judgment: three years: imprisonment with prison labor and two months, and the second judgment: imprisonment with prison labor and six months) is too unreasonable.

B. Defendant B’s imprisonment (one year of imprisonment) is too unreasonable.

2. Determination

A. Before examining the grounds for appeal against the Defendants’ ex officio determination, the Prosecutor applied for changes in the indictment with regard to the Defendants’ respective amounts of KRW 50 million from KRW 60 million to KRW 55.2 million from KRW 50 million from KRW 58.5 million from KRW 50 million from KRW 58.5 million from KRW 888,000 from KRW 888,00,000 from KRW 132 in the judgment of the first instance judgment of the Defendant as to the part of the 2014DaDa1332 in the judgment of the court, and the part concerning the Defendant’s Dasung Capital loan of the victim Co., Ltd., which was obtained permission and the subject of the judgment of the court of the first instance as to the Defendant Co., Ltd. was changed, and thus the subject of the judgment was no longer maintained.

In addition, each appeal case against Defendant A was joined in the first instance judgment, and each of the crimes in the second instance judgment and the crime in the second instance judgment constitutes concurrent crimes under the former part of Article 37 of the Criminal Act and Article 38 of the Criminal Act shall be adjudicated at the same time in the trial and sentenced to a single punishment. In this regard, each of the judgment below shall no longer be maintained.

However, even if there is a reason to reverse the defendant A ex officio in the judgment of the court of first instance, the part concerning the crime of 2014 high group 132 and 2014 high group 1475 in the judgment of the court of second instance as above.

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