특정경제범죄가중처벌등에관한법률위반(사기)등
The part of the first judgment excluding the compensation order and the second judgment shall be reversed.
Defendant is punished by imprisonment with prison labor for 13 years.
1. Summary of grounds for appeal;
A. The Defendant entered into an exclusive management contract with BD, BF, and BN among the instant lessors, and was delegated the authority to enter into a lease agreement with respect to each of their own real estate. At the time, the type and form of the lease contract was not limited, and the Defendant, instead of paying a certain amount of money each month, did not belong to the Defendant.
Therefore, the act of the Defendant’s preparing each real estate lease contract with lessee BE, AU, AS, and AR under the name of the said lessor or his/her agent based on each exclusive management contract does not constitute the crime of forging a private document, preparing a private document for qualification, and exercising it, and also the act of receiving a lease deposit from the said lessee is not a crime of fraud.
B. The sentence (the first instance court: imprisonment with prison labor for 12 years and the second instance court: imprisonment with prison labor for 1 year and 1 year and 4 months) imposed by the first and second instance court on the defendant is too unreasonable.
2. The judgment of the first and second court on the defendant's ex officio judgment was rendered, and each defendant filed an appeal, and the court decided to hold the above two appeals jointly for a trial.
Since each crime of the judgment of the first instance court and each crime of the second instance in the judgment of the second instance are concurrent crimes under the former part of Article 37 of the Criminal Code, it should be punished by one order under Article 38 of the Criminal Code, the first and second judgment of the court of first instance cannot be maintained as they are.
However, the defendant's assertion of misunderstanding of facts or misunderstanding of legal principles against the judgment of the first instance is still subject to the judgment of the court, and this is examined.
3. This part of the defendant's assertion of mistake of facts and misapprehension of legal principles is below the obligatory lease contract from BD, BF, and BN through the exclusive management contract.