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(영문) 인천지방법원 2017.01.18 2016노3855
사기등
Text

The judgment below

The remainder, excluding the rejection of an application for compensation order, shall be reversed.

The defendant shall be punished by imprisonment for two years.

Reasons

A. In light of the above, the principal offender was punished with the same punishment or more mitigated punishment as that of the principal offender, and there is no difference in the severity of statutory punishment, and thus, the principal offender committed the crime in the form of an indirect principal offender by using C, who is unaware of the circumstances by his authority, with respect to the crime of gambling documents.

Recognizing the recognition (see Supreme Court Decision 2014Do13148, Apr. 23, 2015) (see Supreme Court Decision 2014Do13148, Apr. 23, 2015) as stated in each corresponding column of the lower judgment, the same shall be cited as it is by Article

The judgment below

The Defendant, on May 28, 2013, filed an application for the lease of a motor vehicle with ‘victim’ with each of the acts of conduct Nos. 5, 7, and 9 with each of the acts of conduct Nos. 2, 16 through 3, 2, as follows: “1. The Defendant, at the N Office in Geumcheon-gu Seoul Metropolitan Government, signed a letter on May 28, 2013, the Defendant: “H” in the name column of the joint guarantor information No. 2, “I” in the name column of the resident registration number column, “I” in the cell phone column, “I” in the Nam-gu, Incheon Metropolitan City L Housing****)’ with each of the acts of lease of a motor vehicle with modern Capital with each of the acts of conduct No. 16 through 2.

Accordingly, for the purpose of uttering, the Defendant forged an application for lease of a modern car in the name of H, a private document on rights and obligations.

The judgment of the court below up to the 3th parallel 3 to 11th parallels of the judgment of the court below is as follows. "2. The defendant, at the time and place specified in paragraph 1, had a person in charge of modern Capital AF, who is aware of the forgery, deliver the forged application for the lease of a motor vehicle of modern Capital, as if it were a document duly formed."

The application of the statute

1. Relevant provisions of the Criminal Act and Article 347(1) of the Criminal Act regarding criminal facts (the fraud point, the choice of imprisonment with prison labor) and Articles 231 and 34(1) of the Criminal Act (a private document).

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