(영문) 서울남부지방법원 2018.05.04 2017노2694

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(영문) 서울남부지방법원 2018.05.04 2017노2694

공문서위조등

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All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Fact-misunderstanding ① Defendant A [the part of the crime No. 1 of the judgment of the court below among the case 181 of the 2017 Highest 181 [the part on the crime of around 2015] - the part on the 4,611 square meters of the site Kimpo-si] of Defendant A did not have any participation in the crime related to land in Kimpo-si.

② Defendant B (Crimes 2 and 3 of the 2017 High Order 2599) was not a mere victim but a co-offender who conspired with the Defendants in response to the Defendant’s proposal, and was actively involved in the instant fraud by providing the said land as a security to a financial institution and obtaining a loan from the financial institution. As such, the Defendant’s attempted to commit the instant fraud cannot be established on the ground that he did not deceiving AV, and even if he issued the said documents to AV because he was aware of the forgery of the contract for the sale and purchase of the land and the power of attorney at the time AV, the crime of attempted the said investigation document is not established.

Nevertheless, the court below found the defendant guilty of this part of the facts charged. The court below erred by misunderstanding facts and affecting the conclusion of the judgment.

B. The punishment that the court below sentenced to the defendants (Defendant A: 5 years of imprisonment with prison labor, Defendant B: 1 year and 3 months of imprisonment) is too unreasonable.

2. Determination

A. (1) Defendant A was asked at the court below to question whether the owner of the instant land in the city of Kimpo-si, which came to be a product at H during the trial, and there was no participation in the crime related to the land at Kimpo-si. Defendant A asserted to the same effect as the grounds for appeal for mistake of the above facts. The court below, on this basis, explained in detail the following grounds: “Judgment on Defendant A’s assertion” under the title of “the judgment on his assertion” in the judgment, and considered the facts as stated in its reasoning.

유사 판례

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