beta
Text
The judgment below
Of them, the part against Defendant A shall be reversed.
Defendant
A shall be punished by imprisonment with prison labor for a year and eight months.
seizure.
Reasons
1. Summary of grounds for appeal;
A. Defendant A: The sentence of the lower court’s unfair sentencing (two years of imprisonment) is too unreasonable.
B. Defendant B (Defendant B) was unaware of the forgery of USD 5,00,000.
Defendant
In collusion with A, there was no intention to acquire 230 million won from the injured party, and there was no perception that he would exercise or acquire forged foreign currencies.
However, the court below found Defendant B guilty of all the facts charged in this case. Thus, the court below erred by misapprehending the facts and adversely affecting the conclusion of the judgment.
B. The punishment of the lower court (one year and six months of imprisonment) is too unreasonable.
2. Determination
A. In full view of the following circumstances acknowledged by the lower court and the evidence duly admitted and investigated by the lower court as to the Defendant B’s assertion of mistake of facts, Defendant B recognized that the instant fraud and the use of each forged foreign currency, and the use of forged foreign currency at the time of the acquisition of forged foreign currency was forged or falsified USD 5,000.
I seem to appear.
Defendant
B’s assertion of mistake of facts is without merit.
① Defendant A and Defendant B were friendly with the knowledge of about 20 years, and Defendant A took an important role in acquiring KRW 230 million from the injured party, such as preparing a certificate of cash custody and a certificate of loan in one’s name, in which the injured party was present in the place where the injured party was able to contact the injured party, and as a result, Defendant A received USD 500 and KRW 500,000.
② On the 5,000 US$ 5,00, there were two kinds of figures identical to those 10 US dollars 2,00. In light of the pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary Elimination
Defendant
B directly delivered USD 5,00 to the victim and P, so such circumstances can be recognized.