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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. Fact-misunderstanding 1) [Attachment 1] [2016 order 646]] each of the instant payments made under the name of the criminalJ on August 29, 2015 (23 pages of investigation records No. 391) was made between N and E, and the Defendant was not forged.
2) [2016 Highest 692] The Defendant only introduced B to the victim R or the son of the victim, who operates T, and there is no fact that the Defendant was responsible for the supply of materials to B or the price of the goods. Thus, the Defendant did not receive the money from the victim in collusion with B.
3) [2016 Highest 779] The Defendant was aware of the fact that B received materials from H (victim L) and used them later, and did not receive the material price from the victim in collusion with B. The Defendant did not receive the material price from the victim.
B. The sentence sentenced by the lower court to the Defendant (two years of the suspended sentence of one year and six months) is too unreasonable.
2. Determination
A. As to the assertion of mistake of facts, the following circumstances acknowledged by the lower court based on the evidence duly adopted and investigated by the Defendant on August 29, 2015, i.e., (i) the sales division of N Co., Ltd. (hereinafter “N”) stated that “the Defendant prepared and sent the instant payment form at the construction site” consistently from the investigative agency to the lower court’s court, and (ii) the body of the Plaintiff’s payment on August 21, 2015 (the 22th page of the investigation record No. 391), each of the instant payment forms (the 22th page of the investigation record), which the Defendant recognized, was similar to the body of the Defendant’s payment on August 21, 2015, and (iii) the Defendant directly drafted and promulgated the instant payment form by E Co., Ltd. (hereinafter “E”).
However, there is no indication of facsimile transmission or facsimile transmission as claimed by the defendant, and the stamp image attached to each of the instant payments is E's seal.