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(영문) 서울북부지방법원 2021.03.26 2020노1928
부동산실권리자명의등기에관한법률위반등
Text

The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A's order 555's order 2019's order 2020's order 1200's order

Reasons

The summary of the grounds for appeal is as follows: Defendant A’s mistake of facts and misapprehension of the legal principles (200 order 1200, 2020 order 1924 order ) Defendant A did not take part in the forgery of each private document, the exercise of the relevant investigation document, and the fraud.

The punishment of the lower court [each of the crimes in the case of the first instance court's 2019 order 555, 2020 order 1200, 2020 order 3178 order 2020 order hereinafter "the case of the lower court: Imprisonment with prison labor for one year and four months, and each of the crimes in the case of the second instance court's 2020 order 1924 order hereinafter "the case of the lower court": imprisonment with prison labor for two months] is too unreasonable.

Defendant

B (unfair sentencing) The sentence of the lower court (in 6 months of imprisonment) is too unreasonable (Defendant B explicitly withdraws his assertion of misunderstanding of facts and misapprehension of legal principles on the first trial date). Defendant C’s misunderstanding of facts and misapprehension of legal principles (Seoul High Court Order 1200, 2020, 1924, 200, 2020, 1924) did not invite each of these crimes.

The punishment of the court below (one year and four months of imprisonment) which is unfair in sentencing is too unreasonable.

According to the evidence duly adopted and examined by the court below, ① Defendant A was sentenced to a six-month suspended sentence of embezzlement (hereinafter “crime”) at the Incheon District Court on November 9, 2018, and the judgment became final and conclusive on November 17, 2018; on June 23, 2020, at the Seoul Northern District Court on March 6, 2017 to November 9, 2018, with respect to the crime of fraud, etc. (hereinafter “crime of item (b),”), which was committed between around November 19, 2018 to around November 19, 2018, and each of the crimes of item (c) is recognized as having been committed between Defendant A and the first instance court prior to the final and conclusive judgment regarding each of the crimes of item (b).

Therefore, each of the crimes in Section A of the original trial against Defendant A is as follows: (a) and (b) and each of the crimes in Section 2 of the original trial; (c) and Article 37 of the Criminal Code.

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