beta
(영문) 서울동부지방법원 2015.06.25 2015노168

자격모용사문서작성등

Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendants 1) misunderstanding of facts does not constitute a crime in collusion with the Defendants to induce the victim G to transfer to F the Songpa-gu Seoul Metropolitan Ma’s underground singing (hereinafter “instant singing”) by deceiving the victim G as stated in the crime.

B) A letter of renunciation of the store under the I’s name on the instant singing room (hereinafter “instant letter of renunciation of the store”).

(2) The sentence (Defendant A’s imprisonment with prison labor and Defendant B’s imprisonment with prison labor for not less than one year and six months) imposed by the lower court of unreasonable sentencing is unreasonable and unfair.

B. Prosecutor 1) erroneous determination of facts (A) as to the Defendants’ each qualification-based document preparation, private document preparation, and falsified document preparation. Defendant B’s agent on November 26, 2009, the real estate exchange contract (hereinafter “instant exchange contract”) dated November 26, 2009, in which Defendant A was named as the seller I’s agent, and the real estate sales contract (hereinafter “instant sales contract”) dated November 26, 2009, in which Defendant A was named as the seller’s agent, and the Plaintiff’s power of delegation on November 27, 2009 (hereinafter “the instant power of delegation”) made before G to accept 1/2 shares of the instant singing book from N, which affected the conclusion of the lower judgment as to the charge of forgery of the instant document or the receipt of the deposit money for the instant singing, and the Defendants did not arbitrarily delegate the authority to the Defendants as to the entire facts charged.

B. Defendant A’s occupational breach of trust.