Text
The judgment below
Of them, the part against Defendant A shall be reversed.
Defendant
A shall be punished by imprisonment for a year and ten months.
evidence of seizure.
Reasons
1. Summary of grounds for appeal;
A. The two years and two months of imprisonment sentenced by the court below to Defendant A (unfair form of punishment) is too unreasonable.
B. Defendant B (1) In fact-finding, Defendant B did not know how to distribute profits in any way using the forged one million won check 1698 (hereinafter “the instant check”). As such, there was no fact that Defendant B conspired with the remaining Defendants to exercise the instant check, which is a forged securities.
Nevertheless, since the court below found Defendant B guilty of the charge of exercising forged securities, the court below erred by misapprehending the facts and adversely affecting the conclusion of the judgment.
(2) In light of the legal principles, the instant check did not have an adequate appearance as a check, and Defendant B was aware of the fact that the recipient P was a forged check, and thus, did not recognize that P was distributed.
In such a case, even if Defendant B delivered the check to P, the lower court found Defendant B guilty of this part of the facts charged. Therefore, the lower court erred by misapprehending the legal doctrine on “exercise” in the crime of uttering of forged securities, thereby adversely affecting the conclusion of the judgment.
(3) The two years and six months of imprisonment sentenced by the lower court to Defendant B is too unreasonable.
C. Defendant D (1) misunderstanding of facts was requested by Defendant A to receive a false check, but rejected it. However, Defendant A merely notified Defendant A of the contact address, so there was no conspiracy with Defendant A, B, and the instant crime of exercising forged securities.
Nevertheless, since the court below found Defendant D guilty of charges, the court below erred by misapprehending the facts and adversely affecting the conclusion of the judgment.
(2) The lower court sentenced Defendant D to an unreasonable sentencing.