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(영문) 서울남부지방법원 2019.09.26 2019노609
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The defendant's assertion of mistake of facts is not a legitimate ground for appeal after the deadline for submitting the grounds for appeal was filed, but it is examined ex officio.

1) The Defendant did not forge an official document. 2) The Defendant did not have an intention to take part in the crime of Bosing.

B. The sentence imposed by the lower court (two years of imprisonment) is too unreasonable.

2. Determination

A. 1) In regard to the assertion of mistake of facts under the Criminal Act, the term "documents" means the original, which is the indication of intention or concept indicated on the material object continuously by means of letters or a mechanical device capable of continuously recognizing such function, credibility, etc., and its contents can be admitted as evidence for important social matters under law and law. The image appearing on the computer monitoring screen is merely an electronic reaction and cannot be seen as being fixed on the screen continuously because it does not constitute a document related to a document under the Criminal Act (see, e.g., Supreme Court Decision 2010Do608, Jul. 15, 2010). Therefore, since the defendant's act of forging a forged document sent by an employee of the Financial Services Commission from his/her name, the act of the defendant's act of using the forged document constitutes an act of using the forged document under the premise that the defendant's act constitutes an act of using the document and an act of using it under the premise that the defendant's act of using the forged document is not legitimate.

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