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(영문) 서울고등법원 2018.05.16 2018노432
공문서위조등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

Reasons

1. The main point of the grounds for appeal (unfair sentencing) of the lower court’s punishment against the Defendant is too unreasonable.

2. The judgment of this case is based on the fact that the defendant did not state the owner's resident registration number on the copy of the register of Sungnam-si, Sungnam-si and G forest, with C and D, the defendant forged the official document by stating the owner's address on the copy of the above register on the copy of the above register on the copy of the resident registration of D, who is the same person as the owner, and in applying for a loan to employees of financial institutions not aware of the fact, submitted a forged copy of the resident registration and submitted the forged copy as if D were the actual owner of the above forest, thereby acquiring the loan amounting to KRW 90 million, and completed the registration of the establishment of the right to collateral security amounting to KRW 1.1 billion on the above forest by taking account of the law and the result of the crime, the crime and the criminal intent are very poor.

The amount of damage caused by the instant fraud was KRW 900,000,000 to KRW 150,000,000, in the name of the victim, and most of the damage was not recovered until the depth of the party.

Despite the fact that the defendant has been punished for a crime of fraud, he also committed the crime of fraud in this case during the period of repeated crime.

These points are disadvantageous to the defendant.

However, when the defendant was in the past, the defendant recognized all of the crimes of this case, and divided his mistake.

The defendant's profit actually acquired due to the fraud of this case seems to be limited to the amount of KRW 15 million out of KRW 900 million (the remainder excluding the amount of KRW 2 million delivered to D out of KRW 17 million received from C).

These points are favorable to the defendant.

In addition, the records and arguments of this case, such as the defendant's age, sex, environment, family relationship, motive of the crime, means and method of the crime, circumstances after the crime was committed, balance of sentencing with C and D, etc.

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