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The judgment of the court below is reversed.
Defendant
A Imprisonment with prison labor for one year, for one year, and for six months, for Defendant C.
Reasons
1. Summary of grounds for appeal;
A. Defendant A 1) The custody of Defendant B by mistake of fact
J Stock certificates Co., Ltd. (hereinafter “instant stock certificates”) are not forged, and even if forged, they were not aware of the forgery.
2) The misunderstanding of the legal doctrine does not constitute fraud because there is no disposal act, nor thereby there is no benefit acquired by Defendant A.
3) The sentence of the lower court (one year and six months of imprisonment) that was unfair in sentencing is too unreasonable.
B. Defendant B (1) In fact, the instant share certificates were not invested and do not have been forged, and even if they were forged, they did not recognize that they were forged.
In addition, the defendant A had to keep the share certificates of this case in good faith in order to obtain assistance from the difficulty of issuing the share certificates of this case, and had the share certificates of this case kept in good faith. Despite the fact that the defendant A arbitrarily exercised the share certificates of this case, the defendant A had no intention or intention to distribute the securities of this case.
2) The sentence of the lower court (one year and six months of imprisonment) that was unfair in sentencing is too unreasonable.
(c)
Defendant
C1) In fact, the instant share certificates do not constitute a forged fact, even if they were forged, even if they were forged.
2) The sentence of the lower court (eight months of imprisonment, two years of suspended execution) that was unfair in sentencing is too unreasonable.
2. Determination
A. Before making a judgment on the grounds of ex officio appeal, the Prosecutor's last sentence of Paragraph 1 of the crime committed against Defendant A and C in the trial of the party. " Nevertheless, the Defendants conspired to exercise the above forged valuable securities and deceiving the victim, thereby deceiving the victim.