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(영문) 인천지방법원 2016.01.28 2015노4211

사기등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Inasmuch as there was no fact that the Defendant, by mistake of fact, altered the terms and conditions of a special agreement with respect to 1,157 square meters prior to W, Incheon Strengthening-gun (hereinafter “the instant contract”), and thus, it cannot be established that there was fraud, alteration of a private document, alteration of a document, use of a falsified document, and false accusation against the Defendant related to S, the lower court convicted the Defendant by mistake of fact.

B. The sentence sentenced by the lower court to the Defendant (one year of imprisonment) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and investigated by the court below, according to the results of the response to the request of the Director of the National Science Investigation Research Center for appraisal of the contract of this case, the excessive amount used to enter 1-3 of the special agreement of this case and 4 of the special agreement. According to this, the four of the special agreement is deemed to have been additionally completed after the execution of the contract of this case and the contract of this case was made, and the defendant has changed to the 4 of the special agreement of this case as to whether the 4 of the special agreement of this case were written, as to whether the 4 of the special agreement of this case were written, Q, and C were reversed several statements in the process of the civil litigation filed against R, Q, and V, and the road of this case stated in the 4 of the special agreement of this case (hereinafter referred to as the "road of this case"), and the contents of the special agreement of this case were not damaged or damaged by the construction of this case, and the road of this case were provided under the name of this case and the contents of the special agreement of this case.