beta
Text
The judgment below
The guilty part (including the part not guilty) shall be reversed.
Defendant
A. 2, 3, 4-A, 4-4.
Reasons
1. Of the facts charged against Defendant A, B, and C, the lower court acquitted each of the following facts: (a) the charge of forging each private document and uttering of the aforementioned investigation document listed in the table of crime Nos. 14, 44, 88, 94, and 99; (b) the charge of forging each private document listed in the table of crime Nos. 1-1, 4, 88, 94, and 99 among the facts charged against Defendant E, F, and G; (c) the charge of forging each private document and uttering of the above investigation document listed in the table of crime Nos. 1-1, 4, 88, 94, and 99 among the facts charged against Defendant D; and (d) the charge of forging each private document listed in the table of crime Nos. 16 through 69, 88, 94, and 99.
The prosecutor filed an appeal only against the forgery of each private document and the uttering of each of the above private documents listed in the No. 16 through No. 69 of the List of Offenses No. 1-1 against Defendant D, among the acquitted parts concerning the forgery of each of the above private documents and the uttering of the above private documents against the above Defendants, and did not appeal against the remaining parts.
Therefore, among the acquitted portion on the charge of forging each private document and uttering of the above investigation document against the Defendants in the judgment of the court below, the remainder of each private document listed in the No. 16 through No. 69 of the List of Offenses No. 16 to No. 69 of the above investigation document with respect to Defendant D is separated and finalized as it is. Thus, the separate and finalized part is excluded from the scope of the judgment of this court.
2. Summary of reasons for appeal;
A. Although Defendants 1) 2 and 3’s each of the instant housing mortgage loans include a large number of independent loan details, regardless of the above Defendants A, B, and C, the lower court found Defendant B and C guilty of the pertinent facts charged (a private document forgery, use of the aforementioned investigation document, and fraud) against the Defendant B and C, who did not have any public offering or participation in the foregoing loan on the grounds of the statements, etc. of W which is difficult to ascertain. However, the lower court erred by misapprehending the facts and adversely affected the conclusion of the judgment.