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(영문) 의정부지방법원 2017.06.07 2016고합513

사기미수등

Text

A person shall be punished by imprisonment with prison labor for not less than six months for the crimes of KRW 3,00,000 as stated in the judgment of the defendant, and for crimes of KRW 2 and 3 as stated in the judgment.

Reasons

Punishment of the crime

[criminal history] On November 26, 2014, the Defendant was sentenced to a suspended sentence of two years for a violation of the Immigration Control Act by the District Court of the Republic of Korea on June, 2014, and the judgment became final and conclusive on December 4, 2014.

[2] On December 2013, 2013, the Defendant leased and sealed the victim E farm owned by the victim D (hereinafter “instant farm”) located in Gangwon-gun, Gangwon-gun, Gangwon-gun, and received two copies of the lease agreement, which is a public column (two copies in total for the lessor, lessee, and intermediary) from F to F, signed and sealed by the victim E farm (hereinafter “the instant farm”).

In the facts charged, “The Defendant was tried by F to commit a crime of violating the Waste Management Act and was asked to prepare a false lease agreement to be submitted to the full bench to the effect that the instant farm is no longer operated,” and “F was given the said lease agreement after changing the loan agreement so that the business operator can be registered in the name of the Defendant.” However, as examined later, F was given the said lease agreement to the actual Defendant for the purpose of having the instant farm operated.

As there are extenuating circumstances and the defendant asserted as above, the above correction is to be made without going through the amendment of indictment because there is no risk that the defendant's exercise of his right to defense may seriously disadvantage the defendant.

1. When the FF filed a complaint against the Defendant on charges of intrusion on a structure, etc. on the instant farm, and the investigation is conducted by an investigative agency, the Defendant of a private document forgery stated the basic matters regarding the instant lease agreement in the instant farm between the police officers around January 2014 and April 2014, and instead, he/she received feed from the G operated by the lessor, instead of using the instant farm free of charge, in the column for the special agreement, instead of using the said breath (the instant farm), and the lessor paid feed free of charge.