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(영문) 서울중앙지방법원 2017.10.19 2017노829
사기등
Text

Of the judgment of the court of first instance, the guilty part against Defendant A and B, and the judgment of the court of second instance and the judgment of the court of third instance, Defendant A and B.

Reasons

1. Summary of grounds for appeal;

A. Defendant A and B committed a criminal act in the same manner that: (a) misunderstanding of the legal doctrine (the use of private documents prepared for qualification as well as the use of private documents prepared for qualification) Defendant A and B under the instruction of “F” under the single and continuous criminal intent in preparing private documents and holding qualification copied; and (b) opened an account using such documents in the name of the juristic person and then transfers them to “F” again.

Therefore, it constitutes an inclusive crime for the preparation of private documents and the exercise of private documents prepared for qualification to the Defendants.

2) The punishment (the guilty portion of the judgment of the court of first instance among the judgment of the court of first instance: Imprisonment with prison labor for 2 years, confiscation, and confiscation: Imprisonment for 4 months, and 3 months: imprisonment with prison labor for 6 months) and the punishment (the guilty portion of the judgment of the court of first instance among the judgment of the court of first instance: imprisonment with prison labor for 1 year and 3 months: imprisonment with prison labor for 6 months) that the court of first instance sentenced to

B. The punishment sentenced by Defendant EH No. 3 (unfair sentencing) to the Defendant (two months of imprisonment) is too unreasonable.

2. Determination

A. We examine Defendant A, B, and B’s grounds for appeal ex officio prior to the judgment on the grounds of appeal by Defendant A and B.

Defendant

As to A, the judgment of the court below against Defendant B was rendered each of the judgment of the court below in regard to Defendant B, and Defendant A filed an appeal against the guilty part, 2, and 3 of the judgment of the court of first instance; Defendant B filed an appeal against the guilty part of the judgment of first instance and the judgment of the court of third instance; and this court decided to consolidate each of the above appeal cases.

In this regard, each of the judgment below's offenses is a concurrent offense relationship under the former part of Article 37 of the Criminal Act, and a sentence should be imposed in accordance with Article 38 (1) of the Criminal Act, so the judgment of the court below cannot be maintained as it is.

However, the argument of misunderstanding the legal principles of Defendant A and B is still subject to the judgment of the appellate court, and it is judged below.

2) Defendant A and B are the facts charged of the instant case.

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