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(영문) 서울고등법원 2018.05.15 2017노3679
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Of the facts charged in the instant case, the representative heir.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1’s mistake of facts (Defendant 1-A, B, C, 2-A, C, 3, and 4-4(b) of the facts stated in the judgment below) (the application for change of the name of the representative heir, the power of attorney for submitting a national bank, and the power of attorney for submitting a new bank is explained to and sealed by the Defendant that the documents are necessary to encashe the shares of the network E (hereinafter “the deceased”) and withdraw the deposit, and the Defendant did not forge them.

Therefore, under the premise that the defendant forged these documents, the defendant acquired the shares or deposits from each financial institution by exercising the forged documents.

shall not be effective.

2) The lower court’s improper sentencing (one year and six months of imprisonment) is too unreasonable.

B. The Prosecutor’s (unfair sentencing)’s sentence is too uncomparably unreasonable.

2. Judgment on the Defendant’s assertion of mistake of facts

A. The summary of the facts charged in this part 1) On November 5, 2014, the Defendant forged an application for the change of the name of the representative heir: (a) entered and printed out the name “application for the change of the name of the representative heir” under the title of “application for the change of the name of the representative heir” by means of a computer network protocol on the street; (2) after entering and printing out the column “he heir” column “before the change; (b) the personal information of the Defendant was written in the column “before the change”; and (c) the personal information of the Defendant was written in the column “he heir” column “B after the change; and (d) the personal information was affixed with D’s personal information in the column “heir”; and (d) the seal impression was affixed to D’s name and temporarily affixed to D’s name.

Accordingly, for the purpose of uttering, the Defendant forged a letter of application for change of the name of the representative heir in the name of D, a private document related to rights and obligations.

B) On December 5, 2014, the Defendant forged the power of attorney for submitting the National Bank’s letter of attorney by inputting the title and bottom of “the power of attorney” into “pre-user of the National Bank” and printing it at the top and bottom of the upper end by using a computer network procin at a fluor. D’s column.

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