logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구고등법원 2018.03.29 2017노541
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of the facts and misapprehension of the legal principles (guilty in the judgment of the court below) revealed that E actually was the owner of the instant land, and the Defendant was in a partnership relationship with “D” to recover the outstanding amount receivable that F had against “D” while working as a managing director in charge of the collection of claims by AG Co., Ltd. that F operated.

In order to sell land owned by I, the Defendant exercised the forged I’s resident registration certificate in collusion with D, E, etc., such as the facts of the crime committed in the guilty part of the judgment of the court below, and used the forged and forged contract for the sale and purchase of the land of this case, and did not acquire a total of KRW 1,00,000 from victims.

Nevertheless, the lower court found all of the charges guilty on the grounds of the testimony of E without credibility. In so determining, the lower court erred by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

2) The three years and six months of imprisonment sentenced by the lower court is too unreasonable.

B. Prosecutor 1) misunderstanding of the facts and misapprehension of the legal principles (not guilty in the judgment of the court below), the court below found the Defendant guilty of the major criminal of this case against the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), but found the Defendant not guilty of this part of the facts charged, in collusion with D, E, etc. to forge the I’s resident registration card, which is the owner of the land of this case, and forged one copy of I’s resident registration certificate

However, the instant crime was committed by “D” under the initiative of “D” to enable “D to conduct the instant land owner I, and the Defendant and F to conduct the instant act as if the Defendant and F were the legitimate creditors with respect to I and their execution causes, and thereby, to sell the instant land to the owner of the instant land and to acquire the purchase price by deceiving the purchaser of the instant land.

arrow