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(영문) 서울중앙지방법원 2017.07.18 2016노4992
사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and four months.

Of the facts charged in the instant case, forgery of private documents.

Reasons

The summary of the grounds for appeal (unfair sentencing) sentenced by the court below to the defendant (one year and six months of imprisonment) is too unreasonable.

[The first appointed Defendant’s defense counsel asserted only unfair sentencing on January 10, 2017. However, on February 26, 2017, the second appointed Defendant’s defense counsel added the Defendant’s defense that there was no fact that the Defendant, in collusion with D and E, forged a private document among the facts charged in the instant case, and forged a copy of the I-type and the president Q Q, and sent it to the Dong-type Fire and Marine Insurance Co., Ltd. (hereinafter “Dong-type fire”).

2) Determination ex officio below

Judgment

A. Prior to the judgment on the grounds for appeal by the Defendant’s ex officio, the Prosecutor, at the appellate court, applied for changes in the indictment with respect to the crimes in the instant indictment No. 3(b) and D and E, and the joint fraud crimes in the Defendant and D, as seen below, as seen in the following criminal facts. Since this Court permitted this, the judgment of the court below was no longer maintained.

As the judgment of innocence on the charge of forgery of private documents, the use of the falsified document, the attempted fraud, and the fraud among the facts charged against Co-Defendant D and E became final and conclusive (Supreme Court Decision 2017Do43 case), the prosecutor applied for amendments to the indictment, and the Defendant acknowledged all the facts charged modified on July 13, 2017.

However, notwithstanding the above reasons for reversal ex officio, the defendant's assertion of mistake is still subject to the judgment of this court, and this is examined below.

B. The summary of this part of the facts charged is on three floors in the Seoul Special Metropolitan City, Gwanak-gu, Seoul.

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