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(영문) 인천지방법원 2013.05.31 2013노165
위조공문서행사등
Text

The judgment of the court below is reversed.

Defendant

A Imprisonment with prison labor for two years, for six months, and for ten months, for Defendant C respectively.

Reasons

1. Summary of grounds for appeal;

A. Defendant B introduced the victim I and the Defendant A, Defendant C, and the J on January 13, 2010, Defendant C received KRW 3 million in return for the introduction of the loan secured by the victim’s building on or around January 13, 2010, and Defendant C did not conspired to commit the instant fraud. Defendant C did not know it at the time of the instant deception; Defendant C did not know it at the time of the instant deception; Defendant C did not have any knowledge about the preparation of L’s L’s L’s loan certificate; Defendant received money was merely made in the heart of J; Defendant sent a text message to the effect that “the victim would soon become the victim,” or that it would make a statement to the effect that “the victim would immediately become the victim.” Defendant C cannot be deemed to have had an intention to solicit the Defendant solely on the fact that the profit acquired by the Defendant in relation to the instant crime was merely KRW 2 million and that the location of the Defendant was expressed by A and B.

Ultimately, the Defendant cannot be deemed to have had the intention of soliciting the instant crime.

B. The sentence imposed by the lower court on the Defendants (three years of imprisonment, one year of imprisonment, and one year and six months of imprisonment) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. The Defendants of the facts charged and co-defendant D of the lower court, together with their names and J, forged their resident registration certificates by attaching D’s pictures to L’s resident registration certificates, the owner of Pyeongtaek-si and 2 parcels of land (hereinafter “instant land”) and then obtain D’s certificate of personal seal impression, etc., and they planned to commit a crime by introducing D’s above, etc. to Defendant A, and Defendant A and Defendant B borrowed funds necessary to purchase the instant land from the victim I using forged resident registration certificates and L’s resident registration certificates. Defendant C borrowed money from the victim I.

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