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(영문) 청주지방법원 2015.12.04 2015노591
사문서위조등
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (six million won of a fine) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. The instant crime was committed by the Defendant, by promoting the development of the E Industrial Complex, a private industrial complex, to forge the application form in the name of the nine companies, including G, for the approval of the development plan, and to submit it to the public official in charge and support for attracting enterprises and to use it. In light of the circumstances and methods of the instant crime, and the fact that there are many persons in title, the punishment of unlawful conduct is not easy.

In addition, the defendant argued from the investigative agency to the court below.

Moreover, considering the fact that the Defendant appears to have received subsidies from the National Treasury by obtaining approval for the industrial complex development plan of this case based on the application for wishing to occupy the forged industrial complex as above, and that there was one time of suspended execution of other crimes and three times of punishment of fines before the crime of this case, it is necessary to strictly punish the Defendant.

However, in the past, the defendant is showing the attitude that the illegality included in his act was broken and all of the crimes of this case were committed, and his mistake was pened in depth.

Furthermore, among the enterprises whose name has been stolen due to the crime of forgery in this case, the Defendant expressed his intention that seven companies (the two companies are closed and do not confirm their location or do not meet the representative director) do not want the punishment of the Defendant.

In addition, the content of the forged occupancy application in this case is about the demand for occupancy of the industrial complex plan, and it did not directly inflict any tangible damage on the stolen company whose name was forged, and the defendant is the same before the crime in this case is committed.

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