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(영문) 수원지방법원 2016.11.04 2016노2695

사문서위조등

Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A’s punishment (fine 10 million won) by the lower court is too unreasonable.

B. Defendant B 1) Defendant B is the G farming association corporation (hereinafter “instant corporation”).

(2) The registration application and power of attorney (hereinafter collectively referred to as “instant document”) for cancellation of the registration of the establishment of a neighboring mortgage in the name.

(2) The lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment, which affected the conclusion of the judgment, on the ground that there was no forged fact, and there was no intention to make the document in this case forged, and that there was no intention to make any false fact entered in the original copy of the notarial deed. Therefore, the lower court’s judgment that Defendant B committed the crime of forging private documents, the crime of uttering of the notarial deed, and the crime of false entry in the original copy of the notarial deed was committed, is erroneous. 2) The lower court’s

2. The fact that Defendant A reflects the judgment-making crime is favorable.

However, the fact that the real estate registration register has entered false facts in the real estate registration register by using forged documents is not good, the fact that the criminal was led, the person who was forged the document is punished by the defendant, and the criminal records of property crimes are two times.

In addition, comprehensively taking account of the motive and background of the crime, the circumstances after the crime, the age, character and conduct, environment, etc. of the defendant and all the sentencing conditions shown in the arguments, the sentence of the court below cannot be deemed to be too unreasonable.

Therefore, Defendant A’s assertion of unreasonable sentencing is without merit.

3. Judgment on Defendant B

A. (1) According to the evidence duly admitted and examined by the lower court, the following facts are acknowledged. (A) Defendant A received livestock products from the instant corporation where F is working as the representative director around 2013.

B. On October 2013, Defendant A and the instant corporation constituted a collateral obligation with regard to the land, etc. located in the Ulsan-gun located in P ownership, and the said livestock product amount is the collateral obligation.