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All appeals filed by the Defendants and the Prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendants 1) Regarding the mistake of facts (Defendant B), forgery of private documents, uttering of falsified investigation documents, and alteration of public electromagnetic records, etc., the right to collateral security in the name of M Co., Ltd. (hereinafter “instant right to collateral security”) as stated in the facts charged in the instant case.
(2) The sentence of unfair sentencing (Defendant A: imprisonment with prison labor for 2 years and 6 months, Defendant B: one year and 3 years of suspended execution) sentenced by the court below against the Defendants is too unreasonable, since the contract document was prepared in a genuine manner with the delegation of the victims. Thus, the defendant did not commit the act as described in each of the above facts charged.
B. The sentence imposed by the prosecutor by the court below against the Defendants is too unhued and unjust.
2. Determination
A. The lower court acknowledged the following circumstances based on the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts: (i) in order to prepare the purchase price for Defendant B, the purchaser of the 25/50 share of the 25/50 share of the 25/50 share of the forest of this case (hereinafter “the forest of this case”), H, I, and L (hereinafter “H”) who is the remaining purchaser of the share of the 25/50 share (hereinafter “the purchase price for the forest of this case”) agree with the instant mortgage contract with a maximum claim amount of KRW 480,000,000, which is the amount deemed to exceed their investment amount and the value at the time of the said forest of this case, as the maximum claim amount; (ii) it is difficult to easily understand the fact that there is the head color of each seal imprint, such as H’s seal imprint affixed on the written mortgage of this case; and (iii) if so, it is difficult to view that H et al.’s seal imprint or seal attached to Defendant B (398).).