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(영문) 서울고등법원 2013.10.31 2013노2390
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (three years of imprisonment) is too unreasonable.

2. Determination:

A. When two or more persons exist in an ex officio determination document, one document is established for each nominal owner, and when two or more persons are forged, several crimes of forging documents are established according to the number of persons under whose name the document is jointly signed, and the act of forging a document under their joint signature constitutes a single act according to natural observation or social norms. Thus, multiple crimes of forging documents constitutes a commercial concurrent act as stipulated in Article 40 of the Criminal Act (see, e.g., Supreme Court Decision 87Do564, Jul. 21, 1987); and the exercise of a forged multiple documents constitutes a commercial concurrent act.

(See Supreme Court Decision 4289No. 188 delivered on September 7, 1956). In light of the above legal principles, the defendant's ex officio, F,O, and P joint signature pledge (285 pages of Seoul Southern District Court Decision 2013No. 119 delivered on January 29, 2009; hereinafter "the pledge of this case") due to forgery or uttering of each private document and the crime of uttering of each of the above investigation documents shall be deemed as a regular concurrent crimes, respectively. However, the court below erred in the misapprehension of legal principles as to concurrent crimes. However, since the defendant's violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) committed by the defendant on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) committed on the ground that the defendant's forgery or uttering of each of the above investigation document of this case constitutes a false or forged crime in the name of F, and the relation between the forgery and uttering of each of the above investigation documents and the remaining punishment of each of each of the crimes under the judgment below.

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