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The judgment below
The part against the defendant shall be reversed.
A defendant shall be punished by imprisonment for three years.
seizure. seizure.
Reasons
1. Summary of grounds for appeal;
A. From among the 3,286 cases of the Attached Table 2 in the judgment of the court below, the remainder except for the conditions of 500 among the 3,286 cases of the Attached Table 2 in the judgment of the court below is not a claim that is acquired from a third party, but a claim for the price of goods under door-to-door sales owned by the defendant directly. However, the judgment of the court below, on different premise, is erroneous in the misapprehension of facts, which affected the conclusion of the judgment
B. In light of the legal principles, the term "scheduled execution (Attachment, Auction) of a final judgment" is not a public document with the form and appearance to the extent that it can be the object of the crime of forging a public document, and it does not constitute a crime of forging a public document. 2) The fact that the defendant "the person who is deemed a court" means "the person who is deemed a court" does not fall under "the network" of fraud, and the victims of fraud shall not be deemed to have caused "damage" to the person who was actually responsible for the damage. Thus, the crime of attempted fraud or fraud is not established.
3) If the crime of violation of the Act on the Fair Collection of Claims is established against the defendant, the crime of uttering of forged public documents or the crime of misrepresentation of public official qualification is not established separately. 4) Nevertheless, the judgment of the court below which recognized the establishment of each of the above crimes on a different premise is erroneous in the misapprehension of
C. The lower court’s imprisonment (four years of imprisonment) is too unreasonable.
2. Judgment on the assertion of mistake of facts
A. The defendant was fully aware of the facts charged in violation of the Attorney-at-Law Act in the court below, and the above mistake of facts was made in the trial.