logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2015.06.19 2013노1691
사기등
Text

The remaining part of the judgment of the court of first instance excluding compensation order, and the judgment of the court of second, third, fourth, and fifth.

Reasons

1. The scope of this Court’s trial - Nos. 1 and 2 of the original judgment related to the first and second original judgment, which found the Defendant guilty of all the charges charged against the Defendant, and sentenced the Defendant to imprisonment for four and a half years and eight months.

On the other hand, the defendant appealed the first and second original judgment, and the first and second original judgment before remanded the first and second original judgment, and found the defendant not guilty on the violation of private documents due to the forgery of the real estate lease contract in Q Q's name, and reversed the remainder of the first and second original judgment except the compensation order part, and sentenced 4 years to imprisonment.

With respect to the above judgment, the prosecutor filed each appeal against the guilty part.

On September 26, 2013, the Supreme Court reversed and remanded the entire conviction part of the judgment of the party prior to remanding on the ground that the court below erred by misapprehending the legal principles as to deception in fraud with respect to the fraud of KRW 14,625,00 against the victim J in the judgment prior to remanding on September 26, 2013, which affected the conclusion of the judgment. Therefore, the part of the judgment prior to remanding on the ground that the judgment of the party prior to remanding on the ground that the aforementioned part was sentenced to a concurrent crime under the former part of Article 37 of the Criminal Act with the remaining criminal facts that

Therefore, among the judgment of the court of first instance, the charge of forging private documents due to the forgery of the real estate lease contract in Q Q was separated and finalized as the prosecutor's appeal was dismissed.

Therefore, the scope of the trial after remanding the case is limited to the remaining part of the judgment of the court of first instance excluding the forged portion of private documents (not guilty portion of the judgment of the court of first instance prior to the remanding) due to the forgery of the real estate lease contract in Q in the name of Q

2. The punishment (the first instance court: the imprisonment of four years and six months, and the second instance: the imprisonment of eight months and the third instance; the imprisonment of four years; the imprisonment of four years and the fourth instance; the imprisonment of two years and the fifth instance: the imprisonment of two years; the imprisonment of two years); and the imprisonment of two years); and the imprisonment of two years); and

3. Determination

A. Ex officio determination;

arrow