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(영문) 의정부지방법원 2019.08.23 2019노1344

사기미수등

Text

The judgment below

Of them, the part on Defendant B shall be reversed.

Defendant

(B) 6 months of imprisonment with prison labor for the first offense described in B.

Reasons

1. Summary of grounds for appeal;

A. Comprehensively taking account of the evidence submitted by the prosecutor (in fact-finding, unreasonable sentencing) on the charge of forging private documents and uttering of the above investigation document by Defendant A, Defendant A, who was sufficiently aware of the fact that Defendant B did not actually operate the victim company, may forge the lease contract in collusion with Defendant B and C in order to receive the unpaid rent from the victim company. However, since the court below acquitted the facts charged, there was an error of misunderstanding of facts in the judgment of the court below. 2) In full view of the evidence presented by the prosecutor by the prosecutor by the fact-finding that the location of the victim company’s corporate register was “D and three stories at the time of the fact-finding,” among the defendant's demand for the payment of rent by the defendant, the court below may acknowledge the fact that the victim company conspired with the defendant B, A, and exercised the lease contract with the intent of allowing the victim company to pay the unpaid rent, and that the claim for rent was filed based on the fact that the claim for rent was filed.

However, since the court below acquitted this part of the facts charged, there is an error of mistake in the judgment of the court below.

3) The lower court’s sentence against the Defendants on the assertion of unfair sentencing (six months of imprisonment on the crime No. 1 as indicated in the judgment of the lower court, one year of imprisonment on the remaining crimes, eight months of suspended sentence, two years of suspended sentence, eight months of suspended sentence, eight months of suspended sentence, two years of suspended sentence, two years of suspended sentence, and one hundred and twenty hours of community service) is deemed unfair. (B) Defendant B (the sentence of the lower court on the form of imprisonment is too unreasonable.)

2. Determination

A. 1) This part of the Prosecutor’s assertion of misunderstanding of facts concerning Defendant A’s fabrication of private documents and the uttering of private investigation documents is judged.