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(영문) 수원지방법원 2018.11.09 2018노4359
사기미수등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The prosecutor (misunderstanding the facts and misapprehension of the legal doctrine) allowed the Defendant to use and benefit from the instant building free of charge, and allowed the Defendant to use and benefit from the instant building at the time of preparing the F’s lease agreement with a third party, etc. on the condition that the deposit for lease was paid.

It is difficult to see it.

Nevertheless, the judgment of the court below which acquitted the defendant on a different premise is erroneous by misapprehending the facts or by misapprehending the legal principles.

B. Both of the lower courts’ sentences (unfair sentencing) are too heavy or (one year of imprisonment with prison labor for up to eight months and two years of suspended execution).

2. Determination

A. Determination on the Prosecutor’s misunderstanding of the facts and misapprehension of the legal principles 1) On May 10, 201, the Defendant committed the crime related to NN’s (commercial building) lease agreement with the E-based office located in D around May 10, 201, entered “0,” “F,” “N,” “N,” “N,” and “N,” and “N, May 10, 201,” respectively, into the column for the location of the file of the (commercial building lease agreement using a computer at the E-based office located in D, Seoul Special Metropolitan City (hereinafter referred to as “Seoul Special Metropolitan City”), “F,” “F,” and “F, May 10, 201,” respectively, and then printed it out to F’s name.

The F’s seal affixed the F’s name, i.e., to N, who may know of the fact at the seat, issued the forged (commercial building lease agreement) as if it was genuine.

Accordingly, for the purpose of uttering, the Defendant forged and exercised a copy of the (commercial) rental agreement in F, a private document related to rights and obligations.

B) On December 27, 2013, the Defendant committed a crime related to the contract for the lease of the office of E E Co., Ltd., a son, in the office of E Co., Ltd. located in E Co., Ltd., Ltd., located in E Co., Ltd., Ltd., located in E Co., Ltd., Ltd., Ltd., in the column where the office lease contract site is located as a pent and in the column where the office lease contract site is located.

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