beta
(영문) 광주지방법원 2015.11.03 2014노2621

사문서위조등

Text

The judgment of the court below is reversed.

One month of imprisonment with prison labor and one month of imprisonment with prison labor for the crime No. 2 of the judgment against the defendant.

Reasons

1. Summary of grounds for appeal;

A. Error 1) Since the Defendant had L, after obtaining the J’s permission, set up a receipt under the J’s name, the Defendant did not forge or use the above receipt. (2) The Defendant obtained permission to occupy and use the land set forth in [Attachment 2, 11, and 19], and the said land was used as a road site without losing its functions as farmland, and thus is not subject to permission to divert farmland.

B. The lower court’s sentence of unreasonable sentencing (one year of imprisonment) is too unreasonable.

2. Determination

A. According to the records of ex officio determination, the Defendant was sentenced to 10 months of imprisonment, 2 months of imprisonment, and 2 years of suspended execution on November 12, 2009 in the Daejeon District Court's Incheon District Court's Incheon District Court's Branch on April 29, 201, and the judgment became final and conclusive on April 29, 2010. On February 17, 2011, the Defendant was sentenced to 10 months of imprisonment and 2 years of suspended execution for fraud, etc. and became final and conclusive on February 25, 2011.

The judgment below

The crime of forging private documents under Paragraph (1) of the holding should have been sentenced in consideration of equity with the case of concurrent crimes under the latter part of Article 37 of the Criminal Act with each of the above crimes of fraud for which judgment has become final and conclusive, and the crime of uttering of private documents under Paragraph (2) of the holding should be determined by taking into account equity with the case of judgment. Despite the concurrent crimes under the latter part of Article 37 of the Criminal Act with the crime of uttering of private documents established on February 25, 201

B. 1) In light of the J and L’s legal statement presented by the lower court that forged and exercised receipt under the J’s name, the Defendant’s assertion of mistake of facts as to the crime of forging private documents and uttering of falsified documents is without merit. 2) The Defendant’s assertion of mistake of facts as to the crime of forging private documents and uttering of falsified documents is without merit. 2) A person who intends to divert farmland as to the summary of the charges of violation of the Farmland Act, as prescribed by Presidential Decree.