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(영문) 대전지방법원 2012.08.23 2012노1102
컴퓨터등사용사기등
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The summary of the Defendant’s grounds of appeal 1) misunderstanding of facts: (1) as to the forgery of private documents related to the application for the redemption of D name and the use of falsified documents and attempted fraud, D’s dynamic securities fund is merely the nominal owner of D, and substantial owner of D’s dynamic securities applies for redemption with C’s permission from C; and (2) as to the damaged portion of property, the Defendant’s destruction of c’s sexual harassment, home appliances, clothes, etc. has been discarded, but this should also be pronounced not guilty on the ground that the consent of C was obtained, and thus, the lower court erred by misapprehending of facts. (2) In so doing, the lower court’s decision on the punishment of unfair sentencing (two years of imprisonment with prison labor and two years of suspended execution) is too unreasonable.

B. The gist of the prosecutor's appeal is as follows: ① in the case of forging private documents related to the application for repurchase and uttering of falsified documents, C does not have consistently permitted the application for repurchase to the defendant; ③ in the case of fraudulent use of computer, C, upon stealing the passbook and seal of C, the defendant prepared the application for repurchase without permission; even if C transferred the redemption money to the account in the name of the defendant; ② in the case of the use of the original document related to the donation contract, forgery and use of falsified documents; ② in the case of the use of falsified documents related to the donation contract; ② in the case of the use of falsified documents and use of falsified documents; ③ in the case of the use of computer, etc., C has consistently filed a lawsuit against the defendant to cancel the registration of ownership transfer; ③ in the case of fraudulent use of computer, etc., C has consistently lent the money of small amount to the defendant; and thus, the court below erred in the misapprehension of legal principles and misapprehension of legal principles.

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