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(영문) 인천지방법원 2013.07.11 2013노1138
사기미수등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

except that the ruling shall be made for one year from the date of the final judgment.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, with D’s permission, only prepared the instant protocol of conciliation (as defined below) with the content that registers the preservation of ownership in the name of the Defendant, and did not have prepared the protocol of conciliation in the manner of mind without D’s consent.

Nevertheless, the court below erred by misunderstanding the fact that the defendant brought a civil lawsuit on the ground of the protocol of conciliation prepared by the defendant without the consent of D and thereby misunderstanding the facts charged of this case and affecting the conclusion of the judgment.

B. The lower court’s sentencing (one year and six months of imprisonment) is too unreasonable.

2. Judgment on the defendant's assertion of mistake of facts

A. The summary of this part of the facts charged is that the Defendant, around March 1, 2008, entered into a third business license transfer contract with D by revising the above contents again on July 1, 2008, and entered into a third business license transfer contract with D with the registration of ownership transfer and the registration of ownership transfer under the name of the Defendant, and at the same time, the Defendant would make the registration of ownership transfer and the provisional disposition with D with the purpose of securing the registration of provisional disposition as well as the provisional disposition, if the Defendant made the registration of ownership transfer and the provisional disposition with D with the intent to pay the above provisional disposition.

The defendant delivered the power of attorney who affixed a seal to file a lawsuit in accordance with the third business license transfer contract to the defendant, and the defendant is the representative of D in F Law Firm as the representative of D.

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