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(영문) 서울고등법원 2015.08.27 2015노1849
강제집행면탈등
Text

The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for not less than eight months.

except that this judgment.

Reasons

1. Progress of litigation;

A. The prosecutor prosecuted the defendant on the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation of Trust) [the original case number 2013 high-level 216. The prosecutor applied for the amendment of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation of Trust) and applied for the amendment of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (hereinafter "the Act on the Aggravated Punishment, etc.") and applied for the amendment of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (hereinafter "the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (the Act on the Aggravated Punishment, etc. of Specific Economic Crimes)] and each of the charges of violating the Act on the Registration, etc. of Real Estate under Actual Titleholder's Name (the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (the Act on the Aggravated Punishment, etc. of Specific Economic Crimes). However, the prosecutor did not separately find the defendant guilty of the crime of breach of trust within the same charges and ordered community service for

B. On the ground of an erroneous determination of facts and a misapprehension of legal principles as to the guilty portion, and an unreasonable sentencing, the prosecutor appealed each on the grounds of not guilty portion [the charge of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes] and unfair sentencing. The Defendant’s assertion of misunderstanding of facts and misapprehension of legal principles as to the judgment before remanding the real estate of this case is based on the protocol of compromise between the Defendant and the victim on the part (A) 1,200 square meters as indicated in the attached drawings of K among the real estate of this case, even if the Defendant’s assertion of misunderstanding of facts and misapprehension of legal principles are followed by the protocol of compromise between the Defendant and the victim, the above part (a) 1,200 square meters as to the above 1,20

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