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(영문) 전주지방법원 2018.05.18 2018노180

공문서위조등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (two years of imprisonment, confiscation) is too unreasonable.

[Judgment of the court below is justified and remanded to the court below for further proceedings consistent with this Opinion. It is so decided as per Disposition by the assent of all participating Justices. It is so decided as per Disposition by the assent of all participating Justices.

Even if examining the above facts' assertion ex officio, the court below's determination that the defendant acquired money from the victims without intention or ability to complete payment even if he borrowed money, or had the victims purchase the vehicle under the victim's name, and that the company paid the company's debt by subrogation is just, and there was an error of misunderstanding the facts.

[No.]

2. It is recognized that the judgment of the Defendant recognized the instant crime and reflects the mistake, and that the Defendant’s health status is not good.

On the other hand, considering the crime of this case, the crime of this case was committed by the defendant by deceiving the property exceeding KRW 200 million in total on the pretext of borrowing money from two victims, and the crime of this case was committed by forging and using one motor vehicle driver's license for the purpose of avoiding arrest of investigative agency during the designated number of times, and the criminal motive and method of driving without license, etc., the crime of this case is not good, and the defendant had the record of criminal punishment several times due to the same fraud, etc., the victim from the crime of this case has not been recovered until the trial in the first instance, and the defendant has escaped from the trial date in the first instance trial, and has not been faithfully in the trial process, and it is not recognized that the sentence of the court below is unfair by taking account of various factors as shown in the records and arguments in this case, such as the background of the crime of this case, the defendant's age, sexual behavior, environment, etc.