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(영문) 서울남부지방법원 2014.10.10 2014노916
사기등
Text

The judgment below

Among them, the application form for the provisional registration of the part of conviction against the defendant and the right to claim land transfer.

Reasons

1. After remanding the case, the court below found the defendant guilty of preparing qualification-based private documents and holding the same events among the facts charged against the defendant, and sentenced a fine of KRW 700,000 to a fine, and acquitted the defendant as to fraud, theft, fabrication of private documents, uttering of a falsified investigation document, and fraudulent entry into public electronic records, etc., and the exercise of false entry into public electronic records, etc.

Therefore, the prosecutor appealed, and the court prior to the remand rejected part of the prosecutor's appeal, and dismissed the appeal on the charge of forging private documents and exercising private documents due to the preparation of the application form for provisional registration of the right to claim land transfer, the forgery of private documents and the exercise of false entry into public electronic records, etc., theft, the forgery of private documents and the exercise of false entry into public electronic records, etc., the forgery of private documents and the use of false investigation documents due to the preparation of each slips, the acquitted part of the charge of fraud and the guilty part, and the charge of fine of KRW 5 million against the defendant. In the prosecutor's appeal, the prosecutor dismissed the appeal on the charge of forging private documents and the use of falsified private documents due to the preparation of the "written consent

Therefore, both the prosecutor and the defendant appealed, and the Supreme Court accepted the defendant's argument about the use of the official electronic records, etc., and the use of the false entry, etc., among the facts charged against the defendant, and reversed the part for the reason and the concurrent crimes under the former part of Article 37 of the Criminal Act, and remanded to the court for the first time after the remand. The prosecutor's appeal was dismissed.

Therefore, the judgment of the court after remanding the case is to be tried on the part that the judgment of the court before remanding the case, except for the part that became final and conclusive by the judgment of the court of appeal against the defendant.

2. Summary of grounds for appeal;

A. Before the misunderstanding of facts and misunderstanding of legal principles, the Defendant “each of the instant real estate” under the Guro-gu Seoul N Site and Building.

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