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The judgment below
The guilty portion shall be reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
The judgment below
Part of acquittal.
Reasons
1. Summary of grounds for appeal;
A. misunderstanding of facts and misunderstanding of legal principles (not guilty of each of the securities forgery and each of the forged securities items) ① The goods mentioned in each of the instant bills of lading have not been loaded, ② The fact that there was no transaction with the Defendant, the nominal owner of each of the instant bills of lading, ③ There was no ground to deem that the KUB prepared each of the instant bills of lading, ③ there was no profit acquired by AB due to the forgery of each of the instant bills of lading, ④ there was no practice prepared in the name of any other company than the originator, ④ there was no practice prepared in the name of any other company, ⑤ there was no fact that the Defendant has withdrawn each of the instant bills of lading in cash immediately after the payment
Nevertheless, the court below rendered a not guilty verdict of each of the facts charged for forging securities and exercising each of the forged securities by deeming that the defendant could not be ruled out that the bill of this case was delivered by the KU as “the bill of this case was prepared by a person with the authority to prepare”. The court below erred by misapprehending the facts or by misapprehending the legal principles, which affected
B. The sentence of unfair sentencing (two years of imprisonment, three years of suspended execution) is too uneasible and unfair.
2. Determination
A. We affirm the judgment of the court below that it is difficult for the defendant to prove that there was no reasonable doubt that each of the bill of lading of this case was forged or exercised, even though it was aware that each of the bill of this case was forged, and that it was forged, and contrary to the prosecutor's assertion, it affected the conclusion of the judgment by misunderstanding of facts or misunderstanding of legal principles.