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(영문) 인천지방법원 2018.04.05 2017노3636
사문서위조등
Text

The judgment below

The guilty portion shall be reversed.

A defendant shall be punished by imprisonment with prison labor for four months.

except that from the date of this judgment.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the Defendant (unfair sentencing) sentenced by the lower court to the Defendant (four months of imprisonment) is too unreasonable.

B. Prosecutor 1) As to the Defendant’s solicitation of insurance and the occurrence of exchange proceeds, each nominal owner’s document without authority is established with respect to the documents prepared without authority, and W/X’s breach of trust with respect to the above facts charged, the lower court acquitted all of the aforementioned facts charged. Thus, the lower court erred by misapprehending the facts, thereby adversely affecting the conclusion of the judgment.

2) The sentence sentenced by the lower court against the Defendant is too unhued and unreasonable.

2. Determination as to the prosecutor's assertion of mistake of facts

A. 1) The lower court’s judgment on the following grounds: (a) on the grounds indicated in its reasoning, on the grounds that: (b) each nominal owner has an intent and awareness to subscribe to a financial product introduced by the Defendant; (c) no individual summons investigation was conducted against the nominal owner; (d) the possibility that each nominal owner had made an error in the content of the relevant financial product; (e) the Defendant’s subscription procedure or preparation of an offer was entirely excluded from the possibility that he/she had made an acting for him/her under his/her delegation or consent; and (e) some nominal owners have written his/her signature in the subscription form; and (e) telephone communications confirming the contents of the relevant insurance product and whether he/she has subscribed to the relevant product after entering into the contract, the evidence submitted by the prosecutor as to this part of the facts charged by the Defendant alone against the intent of the nominal owner.

It is difficult to readily conclude it and there is no evidence to acknowledge it.

2) The forgery of a document refers to the preparation of a document by a person who is not duly authorized to prepare the document in the name of another person. As such, the person preparing the document is the result of the execution of the document in question.

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