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(영문) 전주지방법원 2021.01.21 2020노1606
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, by misapprehending the legal principles and mistake of facts, printed out and presented a forged private document without knowing that it was a forged private document.

Nevertheless, the judgment of the court below which found the defendant guilty of the forgery of private documents and the uttering of falsified investigation documents among the facts charged of this case is erroneous in the misapprehension of legal principles.

B. The punishment sentenced by the lower court (two years and six months of imprisonment) is too unreasonable.

2. Determination

A. The lower court, based on the evidence duly adopted and investigated by the lower court, found that the Defendant misrepresented M Bank employees and provided the victim with a full payment certificate, around May 28, 2020 at the time of investigation by the police.

(2) At the time of the police investigation, the Defendant was actually aware that the said victim was working as an employee of M Bank or a person related thereto at the time of the investigation (No. 2:54 pages of the above evidence record), ③ the victim X was called the “collection Team” on July 6, 2020, and the Defendant was signed in the loan repayment document around 15:00, and the Defendant was signed in the loan repayment document.

The statement (2020 upper group 1846 pages 1, 35 of the evidence record), and 4 The defendant also issued a certificate of full payment of AH to the above victim X at the time of the police investigation.

A statement (No. 1 of the above evidence record No. 48 pages), 5 The defendant presented a forged completely-paid certificate to the victims by misrepresenting the status of staff of M Bank or AH, etc. The defendant was unable to reasonably explain the reason why he committed a crime of Bosing, 6. The defendant was aware that he was responsible for collecting Bosing crimes, 7. In light of the fact that the defendant led to the confession of all the charges in this part of the charges in the court below.

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