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(영문) 서울중앙지방법원 2020.04.23 2019노2310

사문서변조등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The court below acknowledged the fact that there was no mistake of fact that the defendant altered the lease contract of this case.

B. The lower court’s sentence of unreasonable sentencing (2 million won of fine) is too unreasonable.

2. Determination

A. In light of the evidence duly examined by the court below in relation to the assertion of mistake of fact, the facts acknowledged by the court below and the additional circumstances acknowledged by the court below, the defendant's alteration of the lease contract of this case shall be sufficiently recognized.

Therefore, the defendant's above assertion is without merit.

0 The contents of a special agreement entered into by the defendant are those that the defendant does not bear the duty to restore when the lease contract is terminated, or that the lessee's status may be freely transferred regardless of the lessor's consent, which are contrary to general transaction practices or excessively favorable to the lessee.

B. In relation to the assertion of unfair sentencing, even though considering the circumstance that the Defendant suffered monetary damage due to business paralysis with B, the Defendant’s crime committed by altering the special terms and conditions of the instant lease agreement in favor of the Defendant unfairly and exercising such special terms and conditions in favor of the Defendant, and thus, the Defendant’s illegal nature is not obvious. Nevertheless, in light of the Defendant’s age, character and behavior, environment, motive and means of the crime, circumstances after the crime, etc., the lower court’s punishment is unreasonable.

The defendant's above assertion is without merit.

3. The defendant's appeal is dismissed.