사문서위조등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for two years.
1. Summary of grounds for appeal;
A. misunderstanding of facts 1) The Defendant’s use of forged private documents and the uttering of falsified Private Document is a C inspection located in B (hereinafter “C inspection”) around May 7, 2014 at the Namyang-si, Gyeonggi-do (hereinafter “Seoul inspection”).
2) The sales contract of this case (hereinafter “instant sales contract”) submitted in filing an application for provisional attachment with the District Court for the provisional attachment with respect to the Gu Government District Court.
(2) On April 2013, 2013, D signed directly at the house of the Jinna in the vicinity of C, and there is no fact that the Defendant forged the above sales contract and used the above investigation document. (2) The Defendant agreed that the Defendant’s fraud against the victim G continues to operate the K Bana (hereinafter “K Bana”) located in Seoul Special Metropolitan City, Nowon-gu, and the Defendant did not request the return of the deposit before the closure of the business, and the Defendant did not intend to obtain the money by fraud.
3) The Defendant’s fraud against the victim N: (a) with respect to the fraud of the purchase price for coffee specialty to the victim N, the Defendant is the victim N, which is the BF coffee specialty store in Seoul Jung-gu, Seoul (hereinafter “BF coffee specialty store”).
A) The acquisition price of KRW 25 million is paid as investment money, not as loan money, and the above investment money is used for a legitimate purpose, and thus, criminal fraud is not established against the Defendant. ② As to the fraud related to the exchange of real estate against the victim N, there is no intention by deception by the Defendant, and fraud is not established. ③ As to the fraud of the import price of clothes against the victim N, the Defendant was paid from N for investment money, not as loan money, and the above investment money is directly related to the Defendant’s husband, rather than the Defendant, and the said investment money is used for a legitimate purpose, and thus, criminal fraud is not established against the Defendant. (b) The punishment of the lower court of unfair sentencing (two years and six years in imprisonment) is too unreasonable.
2. On the assertion of mistake of facts