logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2019.03.07 2018노3641
사기등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) In misapprehension of the legal principle, the Defendant’s printing out the documents under the name of the Chairman of the Financial Services Commission in the PC room is limited to the act of unsatisfying the documents, and since the documents themselves are not prepared by the Defendant, the Defendant’s printing out the above documents does not constitute an official document aiding and abetting. 2) The sentence sentenced by the lower court of unreasonable sentencing (one year and four months of imprisonment) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

In particular, the court below assessed the type 1 (non-business non-organization) on the sentencing guidelines in relation to the crimes, such as the fabrication of official documents of the defendant, and set the section into the basic area (8-2 years). However, the crime of forging official documents of this case, etc. should be set up in the basic area (1-6 months to 3 years) of category 2 (1-6 months) on the sentencing guidelines as the defendant printed out files after receiving instructions from the staff of Bosing Tishing and then used them to the victims.

2. Determination

A. We examine the judgment on the Defendant’s assertion of misapprehension of the legal principles, and in the crimes related to documents under the Criminal Act, the document is a copy of the original, which is the indication of the intention or concept indicated on the object continuously by means of letters or the virtual code capable of substituting it, or by mechanical means that can present the same social function, credibility, etc., and its contents can be admitted as evidence for important matters in legal and social life. The image shown on the computer monitoring screen cannot be seen as continuously fixed on the screen because it is merely an event caused an electronic reaction to view the image file at that time and cannot be seen as being continuously fixed on the screen, since it does not constitute a document related to documents under the Criminal Act (see, e.g., Supreme Court Decision 2010Do6068, Jul. 15, 2010).

arrow