Text
The judgment below
The guilty portion against the defendant shall be reversed.
A defendant shall be punished by imprisonment for one year.
In this case.
Reasons
1. Summary of grounds for appeal;
A. The misunderstanding of the fact as to the point of false accusation and perjury, misunderstanding of the legal principles, the 3rd underground floor and the 6th ground-based building located in Dongdaemun-gu Seoul Metropolitan Government, hereinafter “instant building”), and the 48.68% share of the instant building, which was conducted by the public auction around around 2006, among the instant buildings, refers to the 48.68% share of the instant public auction.
The lower court, which determined that the actual nominal owner who was awarded the award is S even though the actual nominal owner who was awarded the award was Defendant (W), has erred by misunderstanding facts or by misapprehending legal principles.
The Defendant repaid to B more than KRW 430 million on behalf of the Defendant, and the 7 equity U.S. Co., Ltd. (hereinafter “U”) was previously owned by U.S. on the instant building.
The 7 shares are “the 7 shares in this case.”
The court below recognized that a provisional registration was made by S's will but opposed thereto, and there is an error of misunderstanding of facts or misunderstanding of legal principles.
B. Fact-misunderstanding as to interference with business affairs, misunderstanding of legal principles prevents the electricity of U office by the defendant, and installing a trial device on the entrance is a justifiable act under Article 20 of the Criminal Act, which is inevitable based on the rules of the autonomous management committee of the instant building in arrears with U management fees and the lease agreement.
Nevertheless, the lower court found the Defendant guilty of this error by misapprehending the facts or by misapprehending the legal doctrine.
(c)
The fact-misunderstanding, misunderstanding of legal principles, withdrawal of a complaint, waiver, and performance on the forgery and uttering of private documents are received by mail after S Canada departs from the Republic of Korea. The above documents have U’s seal imprint affixed on U.S.’s seal impression, and the defendant does not have any means to obtain the certificate, and the court below, which recognized that the defendant forged the above documents and exercised them, erred by misunderstanding of facts or misapprehending of legal principles.
(d)
The punishment of the court below (4 years of imprisonment) which is unfair in sentencing is too unreasonable.
2. Determination
A. On the ground of appeal.