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(영문) 대구지방법원 2017.11.16 2017노1820
사기등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for four years.

Reasons

1. Summary of grounds for appeal;

A. As to the case of 2017 High Order 1054, 2017 High Order 3500, the Defendant was entitled to lawful disposition as a representative of C M&P interest.

In other words, the defendant was the representative position of the clan from 2008 to 2015, but the AE has forged the minutes of the clan and deducted the defendant's power of representation.

In order to correct this, the defendant prepared the minutes, etc. of the self-governing meeting on December 3, 2015.

It does not constitute fraud for the defendant to sell the real estate of the clan as the representative of the clan, and the defendant's letter of application for the sale of real estate in the name of the clan, power of application for the registration of ownership transfer, minutes of the general meeting of the clan, the rules of the clan, and power of delegation for the change of indication in the name of the clan shall be lawfully prepared as the representative of the clan, and all of them shall be acquitted.

In addition, the "Rules of the clan of the descendants of 29 years old-old D" prepared by one defendant is a clan whose name is its name, so it cannot be a private document for qualification gathering.

B. The punishment sentenced by the lower court (No. 1: 5 years of imprisonment, and 2 years of imprisonment) is too unreasonable.

2. As the Defendant filed an appeal against the judgment of the court below, each appeal case was consolidated and tried at the court of the first instance. Since each of the facts constituting a crime which the judgment of the court below issued belongs to concurrent crimes under the former part of Article 37 of the Criminal Act, it is necessary to simultaneously render a judgment and sentence a single punishment.

In this respect, the judgment of the court below is no longer maintained.

However, it is to judge the defendant's assertion of mistake of facts.

3. The following circumstances acknowledged by the lower court based on the evidence duly examined and adopted by the lower court, namely, the Defendant holds a general assembly on April 23, 2008 and the Defendant holds a clan.

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