204 Highest 3321 High Appeal

ㅇㅇㅇ ( 생략 ) , 무직

Residence omitted

Permanent address omitted

00 Duz.

Attorney 000

September 9, 2005

Defendant shall be punished by a fine of 3,00,000 won.

Defendant who converted 50,000 won into one day when the above fine has not been paid;

shall be confined in a workhouse.

Criminal facts

The Defendant: (a) although the Defendant: (b) sold KRW 2,053 square meters to Nonindicted Party 1 for sale in KRW 21,00,000, and completed the ownership transfer registration, the Defendant demanded the above Nonindicted Party 1 to return the said land due to a large amount of the price of the said land; (c) however, Nonindicted Party 1 did not comply with such demand; (d) thereby, the Defendant had the said Nonindicted Party 1 be subject to criminal punishment;

On July 2004, at the office of ○○○○ Certified Judicial scrivener located in Chungcheongnam-gun, Chungcheongnam-gun, 200 to lend KRW 21,00,00 to the complainant, Nonindicted Party 1, who is the defendant, was in possession of KRW 2,053 square meters of real estate sales contract, seal imprint, and resident registration certificate, which was owned by the complainant, forged a power of attorney to issue a certificate of personal seal impression in the name of the complainant to acquire the above real estate, and submitted it to the employee of the Eup office without permission of the complainant, and completed the registration of ownership transfer for the above real estate under the name of Nonindicted Party 2, who is the child of 1, who is the plaintiff, by submitting the certificate of personal seal impression in the name of the complainant to the employee of the Eup office. Accordingly, the investigation was conducted, and thereafter, one copy of the complaint was prepared to the Seoul Special Metropolitan City on July 14, 200.

Summary of Evidence

1. Statements by the defendant in part;

1. Entry of the defendant in part of the first trial records;

1. Legal statement of the witness;

1. Part of the witness’s statement in the second trial record

1. Each prosecutor's protocol of interrogation of the defendant and non-indicted 1 (including each substitute part against the defendant and non-indicted 1)

1. The police statement of the witness;

1. A complaint, a copy of a real estate sales contract (11 pages of investigation records), a copy of a certificate of seal imprint issuance (58 pages of investigation records);

Judgment on the Issues

1. Defendant's assertion

On October 201, the Defendant offered the instant land as security by borrowing KRW 21,00,00 from Nonindicted Party 1, the Defendant, the Defendant, the Defendant, around October 2001, as well as KRW 21,00, and offered the instant land as security. At the time, Nonindicted Party 1 prepared a sales contract at Nonindicted Party 1’s request and issued a certificate of seal impression with the head and a resident registration certificate, and Nonindicted Party 1 obtained a certificate of personal seal impression and completed the registration of ownership transfer in the name of Nonindicted Party 2, one of his own children, thereby asserting that the content of the said complaint is true.

2. Determination

A. We examine whether Nonindicted 1 completed the registration of ownership transfer on the instant land with a certificate of personal seal impression issued without the Defendant’s permission.

B. Various facts acknowledged based on the above evidence, namely, around October 201, the Defendant sold the instant land to Nonparty 1 at KRW 21,000,000. The Defendant and Nonindicted 1, around October 22, 2001, issued a special agreement to sell and purchase the instant land again by paying the purchase price and interest thereon (based on bank interest rates), and the Defendant and Nonindicted 1 issued a copy of a certificate of personal seal impression of KRW 500,000 to Nonindicted 4, respectively, for introduction of the said land (or a sale contract of KRW 11 of the investigation records, only for the purpose of Defendant and Nonindicted 1’s statement and Nonindicted 1’s purchase, and a copy of a certificate of personal seal impression of KRW 10,00,00,000, if the Defendant issued a new certificate of personal seal impression of KRW 1).

According to the above facts, where the Defendant sold Nonindicted Party 1 and the instant land in KRW 21,00,000, and the Defendant wishes within three years, he/she shall repurchase a special agreement stipulating that he/she may purchase the land again.

The promise to re-sale was made, and Nonindicted Party 1 seems to have received documents necessary for the registration of transfer, such as seal imprint, certificate of personal seal impression, certificate of registration, and certificate of right, from the Defendant, and completed the registration of transfer due to sale.

- Nevertheless, the Defendant provided the instant land as security and filed a complaint with the purport that Nonindicted Party 1 forged a power of attorney to issue a certificate of personal seal impression without the Defendant’s permission and completed the registration of ownership transfer on the instant land by using the power of attorney for the issuance of a certificate of personal seal impression on the basis that Nonindicted Party 1 holds the certificate of personal seal impression. Therefore, the above important contents are false contents inconsistent with the truth, and the above facts charged against the Defendant

Application of Statutes

1. Relevant Articles of criminal facts;

Article 156 of the Criminal Act

1. Selection of punishment;

Selection of Fines

1. Invitation of a workhouse;

Articles 70 and 69(2) of the Criminal Act

The acquittal portion

1. Summary of the facts charged

Of the facts charged in the instant case, the summary of the charge of rape is as follows: “The Defendant: (a) without having any fact about having been raped from Nonindicted Party 1, the said Nonindicted Party 1 had the said Nonindicted Party 1 obtain criminal punishment; (b) on July 30, 2004, at the office of ○○○○○○○○○ located in the Seocho-gun, Chungcheongnam-gun; and (c) on June 18, 2004: around 00, there was a fact that around 00, the husband located in the husband located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, attempted to commit rape while intending to see his her her arm’s length and her clothes; and (d) the Defendant prepared a complaint with the content that “The Defendant would be subject to strict punishment after conducting an investigation,” and submitted the above complaint to Nonindicted Party 1 and submitted the above complaint.”

2. Defendant’s assertion

Since the defendant consistently from the investigative agency to this court, the above non-indicted 1 had her her butt, and exceeded his clothes, the contents of the above complaint are against the defendant as true.

3. Determination:

위에서 든 각 증거에 공소외 5의 일부 법정진술 , 현장검증조서에 의하면 , 피고인은 위와 같은 일시 , 장소에서 피고인의 망부 ( 亡夫 ) 공소외 3의 묘소 앞에서 벌초를 하고 있었는데 ( 피고인 및 공소외 1의 각 진술 ) , 공소외 1이 피고인의 가슴에 손을 넣으려고 하고 엉덩이를 만지자 ( 피고인의 진술 ) , 피고인은 벌초를 하면서 들고 있던 낫으로 공소 외 1을 찍으려고 하면서 소리를 지른 사실 ( 피고인과 공소외 1의 각 진술 , 다만 공소외 1은 피고인이 위와 같은 행위를 한 이유에 대해 , 피고인이 2003 . 8 . 경 위 묘소 앞에서 벌초를 할 때 공소외 1에게 한 달에 성관계를 몇 번이나 하냐고 물으며 피고인의 하의 를 벗으면서 성관계를 하자고 하여 공소외 1이 관계를 하려면 목욕이나 하고 하지 , 벌 초를 하여 땀을 많이 흘렸는데 성관계를 하자고 하느냐고 말한 적이 있었는데 , 공소외 1이 피고인에게 그 일을 말하면서 놀리자 피고인이 위와 같은 행위를 하였다고 진술하 고 있으나 , 위 진술을 그대로 믿기는 어렵다 . ) , 피고인의 소리를 듣고 위 토지로부터 약 160 - 170m 떨어진 포도밭 ( 위 포도밭에서 위 묘지를 보면 , 사람이 서 있는 모습은 보이 나 앉아 있는 모습은 잘 보이지 않는다 ) 에 있던 공소외 1의 부인 공소외 5가 위 토지 에서 약 110m 떨어진 공소외 1의 집 앞까지 달려와 왜 거기 가서 싸우느냐고 소리를 지른 사실 ( 공소외 1 및 공소외 5의 각 일부 진술 , 현장검증조서 ) 을 인정할 수 있다 .

According to the above facts of recognition, it is difficult to recognize that Nonindicted Party 1 had the awareness of reporting false facts even if there are some exaggerations about Nonindicted Party 1’s accusation of Nonindicted Party 1 in the course of rape, and otherwise, it is difficult to recognize the charges by the evidence submitted by the prosecution alone.

4. Conclusion

Thus, since this part of the facts charged constitutes a case where there is no proof of a crime, it should be pronounced not guilty under the latter part of Article 325 of the Criminal Procedure Act, or as long as it is found guilty of the above facts related to the crime, it shall not be sentenced not to

Judges Kim Jong-soo