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(영문) 서울중앙지방법원 2020.01.09 2019노1965
공문서위조등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Seized evidence 1 or 2 shall be confiscated.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts and misunderstanding of legal principles are to conduct the duties of receiving down payment from the customers of stock transactions by being employed as an external position for the financial business of loan transaction of over-the-counter stocks from the singinging employee who misrepresented B securities C, and the “civil petition tracking financial account” under the name of the Chairman of the Financial Services Commission is believed to be documents for confirmation of customers for stock transaction. Thus, the victim’s account is related to a crime. Thus, if the bank account was withdrawn and delivered to the Financial Supervisory Commission, the victim would return the money after investigation. The above victims did not have intention or joint processing of each of the crimes of this case by presenting the document under the name of the Chairman of the Financial Services Commission, which was forged to the above victims. In addition, the court below erred in the misapprehension of legal principles as to unjust sentencing since the defendant received and delivered money from the victims or sent money from each of the above singing employee to the victim under the direction of the singing employee, and each of the above Defendant’s unlawful act of seizure and control of this case.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2...

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