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(영문) 대전지방법원 2017.12.21 2016노3171
사기등
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

The summary of the prosecutor's appeal grounds (misunderstanding of facts) of the facts charged against Defendant A, as to the charge of the forgery of a private document and the use of the above investigation document and the charge against Defendant B, the victim D consistently stated in the investigative agency and the court of original instance that "no prior agreement has been made with the Defendants to purchase the vehicle in the name of the victim and export it to a foreign country and then report the theft to the insurance company." The Defendants did not allow the Defendants to transfer the vehicle in the name of the victim to another person. The Defendants did not pay the sales proceeds of the vehicle in this case to the victim. The Defendants did not pay the victim the sales proceeds of the vehicle in this case. Defendant B had the record of punishment due to fraud by the manual similar to this case. In light of the contents of a record of a recording in which conversations between Defendant B and the victim and the Defendant was recorded, the Defendants conspired with the victim as the facts charged in this case, and acquired the vehicle in this case by fraud from the victim, and used the certificate in the name of the victim, and each of the above facts charged can be found guilty.

The scope of the appellate court’s judgment on the charge of fraud among the facts charged against Defendant A, and the judgment on the charge of forging private documents and exercising the above investigation documents among the facts charged against Defendant A and the charge against Defendant B, each of the judgment of innocence was pronounced. The prosecutor appealed on the ground of mistake of facts only for the acquitted part among the judgment below, and the Defendants did not appeal.

Therefore, since the part of the judgment of the court below, which dismissed the public prosecution that was not appealed by Defendant A and the prosecutor, is separated and confirmed as it is, it is excluded from the scope of the judgment of this court, and only the portion of the judgment of the court below which

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