사문서위조등
All the judgment below is reversed.
Defendant shall be punished by a fine of KRW 3,000,000.
The above fine shall not be paid by the defendant.
1. Summary of grounds for appeal;
A. misunderstanding of facts (i.e., the Defendant related to the judgment of the court of first instance was delegated with the right to lease BJ X from Y’s Y’s Y, the real estate owner, and was delegated by the commission as the chairman of the Committee on Countermeasures against BJ removal and opposition.
In addition, since the deposit has been received from the lessee according to the delegation, the defendant's act does not constitute forgery, use, and fraud.
The Defendant, as the owner of the real estate, was entrusted with the right of lease of BBD subparagraph D, and the Chairman of the Committee on Countermeasures against Removal and opposition of BBD was delegated with the management authority of BBD by the Committee.
Since the defendant received a security deposit from the victim who is a lessee in accordance with the delegation above, the defendant's act does not constitute forgery, uttering, or fraud.
B. The sentence imposed by the lower court (Articles 1 and 2 of the lower court’s judgment: KRW 3 million each) is excessively unreasonable.
2. Prior to the judgment on the grounds for appeal ex officio, this Court tried at a concurrent hearing of each appeal case against the judgment of the court below. Each of the offenses committed by the judgment of the court below is a concurrent offense relationship under the former part of Article 37 of the Criminal Act, and thus a single sentence is to be rendered pursuant to Article 38(1) of the Criminal Act. Thus, the judgment of the court below
However, the defendant's assertion of misunderstanding of facts is still subject to the judgment of this court, despite the above reasons for reversal of facts.
3. Judgment on the defendant's assertion of mistake of facts
A. The Defendant of the first instance judgment asserted that he was delegated with the right to lease real estate by Y or owner’s Y or owner’s Y, but Y prepared and submitted to an investigative agency a confirmation letter that “I do not delegate the right to lease of Y to the Defendant.”
And the Defendant.