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The judgment of the first instance shall be reversed.
Defendant
Punishment A for 8 months, and a fine for Defendant B for 5,00.
Reasons
1. Summary of grounds for appeal;
A. As to each fraud in the judgment of mistake of facts (1) : ① the Defendants had the intent and ability to transfer the right to lease of the building of this case to the victim H; ② the instant building was referred to as the ownership of the Defendants and did not belong to the victim H; and there was no intent to acquire by deceit to the Defendants as well as the Defendants. Even if it is assumed that there was a deception by the Defendants, there was no proximate causal link between the said deception and the disposal by the victim H.
② Each money recorded in the annexed list Nos. 11, 12, 14, 15, and 17 of the annexed list of crimes committed by the Defendants is not obtained from the victim H, but has been properly received for the settlement of inventory goods or distribution of profits. Therefore, the amount acquired by deception is excessively calculated.
(2) On the charge of forging a private document or uttering a falsified investigation document as indicated in the judgment (Defendant B): Defendant B did not have a public offering or a private participation in the crime of Defendant A’s document.
B. The misapprehension of the legal principle (as to the use of a falsified falsified document at the market, Defendant A) forged the instant lease agreement in the name of H in consultation with H, and the act of presenting the above lease agreement to H with H who was aware of forgery at the time does not constitute the crime of uttering of a falsified falsified document.
C. As to all crimes on the basis of unfair sentencing (the Defendants), the first instance court’s sentence of imprisonment with prison labor for one year and six months sentenced to the Defendants is too unreasonable.
2. The judgment of this Court
A. Prior to the judgment on the grounds for appeal by the Defendants’ authority, the Prosecutor applied for changes in the indictment with respect to the fraud of the facts charged in the instant case, which led to the lawful change in the subject of the judgment by this court. Each of the above changes in criminal frauds and the remaining parts that the first instance court found guilty.