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(영문) 인천지방법원 2017.08.25 2015노3849
사기미수
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact, the Defendant did not receive a trust under the name of the title, for the repayment of a loan to F, on the share of 58 square meters in G Miscellaneous land in Gyeyang-gu Incheon Metropolitan City (hereinafter “instant land”). The registration of the instant right to collateral security was completed by the F on the ground that F is necessary for the registration of the sale and purchase of the instant land and the transfer of ownership. The Defendant’s seal impression was also completed in accordance with the forged collateral security establishment agreement using the name of the head of the Gu and the certificate of seal impression.

Even so, the court below held that the defendant permitted F to establish the instant right to collateral security.

The court below found the defendant guilty of the facts charged. The court below erred by misunderstanding the facts.

B. The sentence of the lower court (eight months of imprisonment, two years of suspended sentence) is too unreasonable.

2. Determination

A. 1) As to the assertion of mistake of facts, the Defendant and the defense counsel at the lower court also asserted the same as the grounds for appeal in this part, and the lower court rejected the above assertion and found the Defendant guilty of the facts charged, with the detailed statement of the judgment under the title “determination of the Defendant and the defense counsel’s assertion”.

2) The above judgment of the court below is just in light of the circumstances in the court below's reasoning, which are acknowledged by the evidence duly adopted and investigated by the court below and the court below, and the following circumstances, which can be additionally known by the evidence, are also justified, and there is an error of law by mistake of facts as alleged by the defendant.

subsection (b) of this section.

A) F was present as a witness in the court of the first instance and was in operation of S Co., Ltd. (hereinafter “S”) and completed the registration of the instant co-ownership share by lending the name of the Defendant, etc. to secure the number of union members in order to purchase the instant land with funds received from the victims and to secure the number of union members.

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