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(영문) 대전지방법원 2015.09.24 2014노3613
사기등
Text

All judgment of the court below shall be reversed.

Defendant

A shall be punished by imprisonment with prison labor for not less than two years and six months, and by imprisonment for not more than eight months.

Reasons

1. Summary of grounds for appeal;

A. Defendant A1) misunderstanding of facts (as to each fraud against the victim G, M, and N in the judgment of the court of first instance), Defendant A borrowed money from the victim G, M, and requested the victim N to lend the name of the borrower, and there was no intention to repay, and thus there was no intention to acquire by deceit. (2) The sentence of unfair sentencing (the judgment of the court of first instance: imprisonment with prison labor for two years, six months, and two years) of the judgment of the court of first instance is too unreasonable.

B. Defendant B 1) misunderstanding of facts (as to the forgery of private documents and the uttering thereof in the judgment of the court of first instance, '1. creditor M;

1. The debtor N,

1. The settlement of debts which shall be0 million won;

1. The cause and date of the occurrence of the obligation;

1. Payment of interest 21.6% per annum on 20% per month;

1. 30% per annum for overdue interest;

1. Date and method of reimbursement: The power of attorney stated as " March 30, 2012" shall not exceed the power of attorney of this case.

The victim N directly signed, sealed, and Defendant B did not forge them. 2) The sentence of an unreasonable sentencing decision by the lower court (two months of imprisonment) is too unreasonable.

2. The part of the judgment of the court below that held ex officio as to Defendant A

A. The court of the first instance decided to hold a joint hearing of each appeal case of the judgment below.

Of the judgment of the court below of first instance, the part against Defendant A and the judgment of the court of second instance are concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, a single punishment shall be sentenced within the scope of the term of punishment subject to aggravated punishment by judgment pursuant to Article 38(1)

Therefore, among the judgment of the court of first instance, the part against Defendant A and the judgment of second instance cannot be maintained in entirety.

B. In the trial, the prosecutor filed an application for changes in the indictment with respect to the fraud of Defendant A’s victim N as follows, and this court approved the application and changed the subject of the judgment.

As such, the object of the trial was changed in the trial court, therefore, 1.

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