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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
Reasons
1. Summary of grounds for appeal;
A. Although the purpose and means of the so-called “proponed project” of the prosecutor (not guilty part), the Defendant, along with C, provided a certificate of balance with C and received money in return. It is reasonable to view that C had already conspiredd with C to forge a certificate of balance necessary for C to carry out a large amount of balance, when C and C were to deliver a certificate of balance necessary for C to carry out a proliferation project.
Even if there were two or more forgerys, the defendant was unaware of such forgerys.
Even if there is an error in the entries of the account statement issued prior to the victim on April 2011, it is clearly recognized that there was an error in the contents of the account statement issued prior to the victim on May 12, 2011.
Nevertheless, the judgment of the court below which acquitted all of the facts charged of this case on the charge of aiding and abetting private documents is erroneous.
B. (1) The Defendant (as to the conviction of the original conviction), misunderstanding of facts, or misunderstanding of legal principles, has returned to the name of a passbook in the name of C with large amount of money deposited by K, and instead introduced C without any consideration, and did not know that the head of the Tong C forged the head of the Tong. If the head of the Tong C knew that the error of the head of the passbook was caused, he did not introduce it as absolute if he knew.
Nevertheless, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine, which found the Defendant guilty of the use of a falsified investigation document and of fraud among the facts charged in the instant case.
(2) The sentence imposed by the lower court (six years of imprisonment, two years of suspended execution) is too unreasonable.
2. Judgment on the prosecutor's assertion of mistake of facts (as to the acquittal of the original trial)
A. The Defendant of this part of the facts charged.