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(영문) 창원지방법원 2013.09.26 2013노1207
사기
Text

The judgment below

Of them, the part against Defendant C shall be reversed.

Defendant

C. A person shall be punished by imprisonment for not less than eight months.

Reasons

1. Summary of grounds for appeal;

A. The respective sentence of the defendant A and D (the imprisonment of one year and confiscation, the compensation order of 300,000 won, the imprisonment of one year and the confiscation) of the court below is too unreasonable.

B. Defendant C (1) misunderstanding of facts) 1-A of the decision of the court below.

paragraphs 1, 1-c.

paragraphs 2 and 2-A

The facts are as follows: (a) Defendant C sent documents necessary for incorporation, such as the victim L, S, and U’s certified copy of each resident registration, sent by Defendant C, to the head of Q office; (b) obtained a corporate seal imprint certificate, corporate register, etc. from the head of Q office, and delivered them to Defendant D; and (c) Defendant C received a corporate name passbook, cash card, etc. from the head of Q office and sent them to Q office again; (d) Defendant C was in definite between Q office, B, and the rest of the Defendants, and there was no conspiracy to receive the above documents from the victims; (b) in collusion with Defendant C, Defendant A, D, and victims, the lower court found Defendant C guilty of the above documents and found Defendant C guilty of all the facts charged, thereby adversely affecting the conclusion of the judgment.

B) The judgment of the court below which found Defendant A guilty of each fraud listed in Paragraph 3 of the decision of the court below is only a single crime committed by Defendant A, and even though Defendant C conspired with Defendant A to obtain the above documents from the victims, the judgment of the court below which found Defendant C guilty of this part of the facts charged is erroneous by misunderstanding the facts, which affected the conclusion of the judgment. C) The fraud described in Paragraph 4 of the decision of the court below is merely a single crime committed by Defendant B, and the fraud of documents, such as employment contract, resume, etc., by the victim M, N,O, etc., was not acquired by the victims in collusion with Defendant C, notwithstanding the fact that Defendant C had not acquired the above documents from the victims.

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