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All appeals by the defendant and prosecutor are dismissed.
Reasons
Summary of Grounds for Appeal
Documents submitted by the defendant who has attempted to submit the grounds for appeal shall be deemed to be within the scope of supplement in case of supplement in the grounds for appeal.
In misunderstanding of facts and misunderstanding of legal principles: In preparing an application for X subscription, an application for Q equipment leasing, a service-using contract, and a written consent for collection, use, provision, and consignment of personal information, the Defendant has obtained the consent of C, the nominal holder, and did not use each of the above documents forged or forged.
Nevertheless, the court below erred by misunderstanding the facts and finding that the defendant forged a document in the name C and exercised it without authority.
Among the violations of the Act on the Aggravated Punishment, etc. of Specific Crimes (Fraud), attached Table 3 (Attached Table 3) shall be reduced as shown in the judgment of the court below.
In light of the fact that there is no consistent statement of the defendant concerning the reasons why the defendant paid the expenses for the appointment of counsel by the victim C who asserted misconception of facts as to the acquittal portion of the reasons, the defendant received various amounts of money from the victims from time to time after the victim C was sentenced to a suspended sentence, and that most of the money was withdrawn immediately after the victims received money from the victims in cash or transferred it to another account, it shall be deemed that the defendant acquired the sum of KRW 80,30,000 from the victims as shown in the attached Table 3 Crime List as the expenses for the appointment of attorney by the victim C.
Nevertheless, the court below's judgment that found this part of the facts charged as not guilty is erroneous in the misapprehension of the facts.
Among the violations of the Act on the Aggravated Punishment, etc. of Specific Crimes (Fraud), the defendant's assertion of misunderstanding of facts as to the acquittal of reasons 3 and 4 are as shown in the annexed Table 4 List Nos. 3 and 4 from the victims.