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(영문) 서울서부지방법원 2018.01.18 2017노1170

사기미수등

Text

Defendant

All appeals filed by A and the prosecutor against the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A1 of the J, who made a de facto decision on the forgery of a private document under the name of J or the exercise of the above investigation document, is the husband of the J, and M, the husband of the J, consented to the fixed share swap contract with P Co., Ltd. in relation to the I loan reconstruction project, and later, he did not raise any objection despite having been aware that the K was involved in the rebuilding project, and upon considering such circumstances, he did not constitute the foregoing Article.

It is reasonable to view it.

In addition, on August 2014, under the true J’s name, there is a difference between the fixed equity agreement for the self-refimation project (hereinafter “self-refimation contract”) and the aforementioned contract for the construction project on September 2014, 2014 (hereinafter “self-refition contract”) and whether W is the representative of the union and S stock company is entered as an executor, and the substantial content is identical. Therefore, even if the seal attached to the self-refition contract for the construction project on September 2014 is contrary to J’s intent, it is only a forgery, not

As to coercion, theO did not receive the direction of Defendant A from the court of the original instance.

Since L, which was adopted as a witness, did not appear in the court of the court below, the police statements of theO and the prosecutor's statements of L are not reliable, and the persons who take containers are highly likely to beO and L.

In addition, the use of a container alone has interfered with the exercise of rights by assault.

No assessment may be conducted.

2) The punishment sentenced by the lower court to Defendant A is too unreasonable.

B. Prosecutor 1) - From the beginning of the reconstruction work, there was a dispute with Defendant A as to the forgery of private documents and the uttering of the above investigation documents

M If it was known that Defendant A entered the K-A-U.S.-U.S.-U.S. party to this contract.