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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for a term of one year and two months.
Reasons
1. Summary of grounds for appeal;
A. misunderstanding of facts 1) As to the forgery and use of private documents, the Defendant only made and delivered a business balance certificate in the name of the bank in the Dispute Resolution Co., Ltd. upon C’s request, and the Defendant did not forge the business balance certificate and the statement of transactions. Nevertheless, the lower court found the Defendant guilty of this part of the facts charged, which is erroneous in the misunderstanding of facts, there is no evidence to acknowledge who forged the G bank name balance certificate (hereinafter “each G balance certificate”) with respect to fraud, and there is no evidence to prove the fact that the Defendant knowingly presented it to the victim L even though he was aware that it was a forged document.
Nevertheless, the judgment of the court below which found guilty of this part of the facts charged is erroneous in misconception of facts.
B. The lower court’s sentence of unreasonable sentencing (one year and six months of imprisonment) is too unreasonable.
2. Judgment on the assertion of mistake of facts
A. As to the forgery and use of private documents, the Defendant denied this part of the facts charged at the lower court’s judgment, and the lower court found the Defendant guilty of this part of the facts charged on the 5-6th to 6th of the judgment by comprehensively taking account of the circumstances acknowledged by the evidence duly admitted and investigated. (2) The lower court’s judgment based on the evidence duly admitted and investigated by the lower court, and the following circumstances are further acknowledged, the Defendant conspired with C, etc. in order, as indicated in this part of the facts charged, to use the certificate of business balance in the name of the E bank and the statement
Therefore, the judgment of the court below which found the defendant guilty of this part of the charges is just, and there is no error of mistake of facts as alleged by the
(1) On November 24, 2015, the Defendant shall deposit USD 1,100 in the E-bank account (Account Number: F) in the name of the bank account in which he/she operates.