특정경제범죄가중처벌등에관한법률위반(사기)
The judgment of the court below is reversed.
The defendant is not guilty. The summary of the judgment against the defendant shall be published.
1. Summary of grounds for appeal;
A. Upon the request of misunderstanding of facts or misunderstanding of legal principles C, F, and a person in non-name (P), the Defendant displayed the forged identification card in the name of Q to the employees of the Dong office, and obtained a certificate of the personal seal impression in Q Q. However, there was a false registration of the establishment of a mortgage over Q-owned real estate by forging registration-related documents. However, after that, C had by deceiving the victim G Co., Ltd. (hereinafter “victim”), there was no specific perception, intention, communication, and functional control over the crime of fraud in which the above right to collateral security was provided as collateral by deceiving the victim Company G (hereinafter “victim”), and thus, the Defendant was not in the position of co-principal with regard to the above fraud.
B. The sentence of unfair sentencing (one year and six months of imprisonment) by the lower court is too unreasonable.
2. Summary of the facts charged and the judgment of the court below
A. The summary of the facts charged [criminal record] On August 23, 2013, the Defendant was sentenced to eight months of imprisonment with prison labor for the crime of forging official documents at the Seoul Central District Court on August 23, 2013, and the sentence became final and conclusive on November 8, 2013, and the execution of the sentence was completed on December 6, 2013 at the Seoul Detention Center.
[C] The representative director of the Dispute Resolution Co., Ltd. operating the petroleum sales business did not have any property to provide the victim company that supplied oil to the Dispute Resolution Co., Ltd. with an additional property to secure the payment of the price. When the oil price is unpaid, it was forced to enforce the existing collateral real estate, and the victim company cannot receive oil supply any longer from the victim company, thereby establishing a false collateral security right on the land owned by the third party, and based on this, it was attempted to acquire money from the victim company.
Accordingly, C, along with Defendant, F, and name-free boxes (P), etc., together or in sequence from September to October, 2012 to Defendant, F, and name-free boxes (P), forged the resident registration certificates of Q, and ② Defendant Q’s name.