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(영문) 서울고등법원 2015.05.15 2014노3538
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) In order to avoid the imposition of a fine for negligence due to the failure to apply for ownership transfer registration due to the mistake of facts (as to the forgery of private documents to AK, the uttering of a falsified investigation document, and the breach of trust), Defendant C (hereinafter “C”)

(2) The Defendant and AK’s employees ordered the revision of “the remaining-end date” and “the date of preparation” under the sales contract signed by the Defendant and AK’s employees on September 8, 2010. During that process, AK, who were the employees of the said company, was given an explanation of the aforementioned circumstances through other officers and employees of the said company and consented to the amendment of the said contract. As such, the sales contract signed on September 8, 2010 does not constitute a forgery. Furthermore, the Defendant’s establishment of a right to collateral security (N), the obligor, and the maximum debt amount of KRW 50 million, regarding the said land, was aimed at preventing compulsory execution against the share of the land, which is the subject matter of the sale, and the said circumstance was already known to AK, and the Defendant established the said right to collateral security with the permission of AK. Nevertheless, the lower court erred by misapprehending the fact that each of the facts charged was guilty. The lower court’s imprisonment with prison labor for an unreasonable sentence (4 years).

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Judgment on the assertion of mistake of facts

A. According to the evidence duly admitted and examined by the court below and the court below, the following facts are acknowledged.

1) On or around April 2010, AK was employed by the Defendant as a member of C and was engaged in the duties of attracting customers as a counselor. On or around September 8, 2010, AK is 169 square meters out of 3,305 square meters from C in Macheon-si AL Forest and fields (hereinafter “instant land share”).

2) The sales contract to purchase (hereinafter “instant sales contract”)

(2) In conclusion, the Defendant’s share of the instant land.

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