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(영문) 서울북부지방법원 2014.04.10 2014노31

공문서위조등

Text

The judgment below

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

Defendant

E shall be exempted from punishment for E.

Defendant

A, B, D,.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts 1) Defendant B [the crime of Articles 2 through 5 of the judgment of the court below] Defendant B [the crime of Articles 2 through 5 of the judgment of the court below (2013Da1445)] prepared the establishment of a business related to pollution-free electric power generation using electricity] Defendant B: (a) sealed Defendant A’s photograph with the attachment of a photograph; and (b) provided a lease contract for the security of the start-up loan; (c) under the delegation of the “X”, the lessor prepared the lease contract; (d) stated the name of “X” in the lease contract and affixed the seal; and (e) did not participate in each crime of the judgment of the court below in collusion with the other Defendants, C, and AB; and (e) the court below convicted Defendant B] Defendant E [the crime of Articles 2 through 5 of the judgment of the court of first instance (2013Da1445)], Defendant B introduced Defendant F to Defendant A; and (e) did not participate in the fraud with Defendant B, Defendant B, F and the victim T.

3) Defendant F [each crime of Articles 1 and 5 of the judgment of the court below] Defendant F [Defendant F] received each lease contract submitted by Defendant E and C for loan security use, confirmed the house at the site, and received a payment confirmation from each lessor, and made the victim T make a loan, and did not participate in each crime in collusion with Defendant E, or in collusion with Defendant A, B, E, and C, the court below convicted Defendant F by mistake of the fact. (b) The remaining Defendants except Defendant F et al. of the judgment of the court below are improper because each of the following punishments imposed by the court below against the Defendants was too unreasonable:

① Defendant A: Imprisonment with prison labor for a year and June 1: (3) a year: Defendant D: a fine of KRW 5 million; (4) a fine of KRW 3 million: a fine of KRW 200,000; and (2) a fine of KRW 10,000,000,000 which the lower court sentenced Defendant F is deemed to be too uneased and unreasonable.

2. Determination: