(영문) 인천지방법원 2014.05.29 2014노332 | 리걸엔진

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(영문) 인천지방법원 2014.05.29 2014노332

사문서변조등

Text

The judgment of the court below is reversed.

Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment for four months.

Reasons

1. Summary of grounds for appeal;

A. Defendant A did not have altered a real estate sales contract (hereinafter “instant contract”) as stated in the facts constituting a crime in the judgment of the court below, and Defendant B did not have made a false testimony about this.

B. In light of the fact that the actual amount of damage on the part of the victim of unfair sentencing was not significant, that the defendants deposited, and that the defendant A was aged older, each sentence (the defendant A: one year of imprisonment, and six months of imprisonment) sentenced by the court below against the defendants is too unreasonable.

2. Determination

A. In light of the following circumstances acknowledged in accordance with the evidence duly examined and adopted in the court below's determination on the assertion of mistake of facts, i.e., the excessive amount used to enter the matters of the contract of this case 1 to 3 and May 15, 2010, among the matters of the contract of this case, and the excessive amount used to enter "the roads constructed on the above land" in 4 of the above special agreement at the intervals of solving the seller's responsibility and settlement (not later than the remaining amount)", it is reasonable to conclude that the four special agreement of this case was additionally completed after preparing the contract of this case. ② The defendants were about four parallels of the special agreement of this case, the timing and circumstances of the writing, and the reversal of the statement from the investigation agency to the court below, and ③ the FF entered the above special agreement of this case into the contract of this case with the defendant A and the joint purchaser at the time of the conclusion of the contract of this case to the extent that the permission of this case was not damaged (hereinafter referred to as the "road of this case").

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