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(영문) 전주지방법원 2013.08.09 2013노277
사기
Text

The judgment of the court below is reversed.

Defendants are not guilty.

Reasons

1. Summary of grounds for appeal;

A. Defendant A1) misunderstanding of facts: (a) Defendant A agreed to borrow Defendant C as a joint surety from Defendant B to the extent of one billion won; (b) prepared the instant notarial deed; and (c) did not prepare a notarial deed as to false debt; and (c) Defendant A is not a party to a lawsuit of demurrer against distribution, and thus cannot be deemed to have participated in the instant crime. (b) In light of all the sentencing conditions of unreasonable sentencing, the sentence of the lower court (one year and six months of imprisonment) is too unreasonable.

B. In light of the overall sentencing conditions of Defendant B, the sentence of the lower court (one year and six months of imprisonment) is too unreasonable.

C. In light of the overall sentencing conditions of Defendant C, the sentence of the lower court (one year of imprisonment) is too unreasonable.

2. Summary of the facts charged

A. On February 11, 2005, Defendants C deposited KRW 150 million as the Gwangju District Court No. 9455 in order to provide security in the case of application for the suspension of compulsory execution by the Gwangju High Court No. 2005Kag8.

Defendant

C Around October 2005, as the Jeonju District Court 2005Kahap301 on June 13, 2005, the creditor G and H had the possibility of enforcing compulsory execution by provisionally seizing the right to claim the recovery of the above deposit against Defendant C, and had the intention to acquire money from other creditors by taking part in the compulsory execution procedure by creating a false claim and obligation with Defendant B and A, which is the space between Defendant B and A, and by taking part in the compulsory execution procedure and receiving a distribution of deposit money or proceeds from sale.

Accordingly, around October 27, 2005, as delegated by Defendant A, B, and C, I concluded a monetary loan agreement with a notary public, “creditor B,” “debtor A, joint guarantor C, and joint guarantor I,” “one billion won in the amount of debt,” “one billion won in the amount of debt,” and “one day following July 13, 2005,” and “the date of repayment, November 30, 2005,” respectively.

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