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(영문) 수원지방법원 2014.11.06 2014노5162
위조사문서행사등
Text

The judgment of the court below is reversed.

In six months of imprisonment with prison labor for the crimes of Articles 1 through 6 of the decision of the court below, the decision of the court below is 7.

Reasons

[Judgment on the Reasons for Appeal] The summary of the grounds for appeal (compactingly unfair) of the judgment below's sentencing (compacting 1 to 6 of the original judgment: imprisonment with prison labor for 6 months and imprisonment with prison labor for 7 to 14 of the decision of the court below: one year) is too unreasonable.

With respect to the crimes of the first to sixth crimes in the judgment below, each of these crimes is disadvantageous to the defendant, such as the defendant's deception by deceiving the victim B, the Dispute Resolution Co., Ltd., the Social Finance Co., Ltd., and the Busan Solomon Savings Bank, and by deceiving about about 17 million won in total, and by forging the vehicle transfer certificate in B's name, in light of the contents, motive, means and method of the crime, damage amount, etc.

However, in light of the fact that the defendant agreed with the victim B (a total of KRW 5 million), and the above victim expressed his wish to take the preference against the defendant, that the defendant is the primary offender, that the defendant recognized the mistake and reflects it, and that this part of the crime and the crime of altering official documents, which became final and conclusive on December 15, 2010, are concurrent with the case where the judgment on December 15, 2010, and all other circumstances constituting the conditions for the sentencing specified in the instant case, the sentencing of the court below is too unreasonable.

With respect to the crimes of Articles 7 through 14 of the decision of the court below, each of these crimes is that the defendant, while receiving the notice of enlistment in active duty service, did not enter the army without justifiable grounds, by deceiving the victim H, L, and N respectively, thereby deceiving the total of 11,165,00 won. In light of the content, motive, means, method, and amount of damage, etc. of the crime, the liability for the crime is not less complicated, and the defendant has a record of being fined once in fraud, and there is a disadvantage to the defendant.

However, for the first time, the defendant agreed with the victim H (a total of 1,0560,000 won) and expressed the victim's wish to take the action against the defendant, the defendant's mistake and reflects the defendant's mistake, and the enlistment in active duty service.

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