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(영문) 인천지방법원 2015.01.22 2014노4024
사문서위조등
Text

All appeals filed by the Defendants, Defendants A and E are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the court below against Defendant A (unfair punishment) is too unreasonable.

B. Defendant B (unfair punishment)’s punishment imposed by the lower court on the Defendant (eight months of imprisonment) is too unreasonable.

C. Defendant D1’s erroneous determination of facts reveals that Defendant A borrowed money by forging a loan agreement. 2) The sentence imposed by the lower court on the Defendant (one year of imprisonment) is too unreasonable.

Defendant

E1) In the process of misunderstanding of facts or misunderstanding of legal principles, the Defendant merely affixed the AF’s seal on a dry-han lease agreement in accordance with the direction of the AF in charge of the start-up of a legal entity and establishing a legal entity, and there was no conspiracy with Defendant A, etc. for committing an offense or receiving money in return for committing an offense. 2) The sentence of imprisonment (6 months of imprisonment) imposed by the lower court against the Defendant is too unreasonable.

B. Each of the above types of punishment (the defendant A and the defendant E) sentenced by the court below to the defendant A and E (the three years of imprisonment, and the six months of imprisonment) are too uneasible and unfair.

2. Determination

A. In light of the favorable circumstances, such as the fact that the Defendant’s assertion by the prosecutor on the Defendant A and the Defendant A acknowledges his mistake, the nature of health offense is inferior in light of the content of the crime, the extent of damage exceeds 288 million won, the damage was almost not recovered, the circumstances leading the crime, such as the circumstances before and after the crime, the degree of profit gained from the crime, the Defendant’s age, character and conduct, and environment, and other circumstances that are the conditions of sentencing indicated in the record, the sentence imposed by the lower court is reasonable.

B. Determination of Defendant B’s assertion (e.g., misappropriation) is erroneous for the Defendant.

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