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(영문) 인천지방법원 2015.01.30 2014노3924
사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

1. The summary of the grounds for appeal (two years of imprisonment) by the lower court is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant ex officio, prior to the judgment on the grounds for appeal by the court below, the prosecutor examined the facts charged in the case of the court below 2014Kadan1822, and changed the facts charged in the case of forging private documents and the use of the above investigation documents into the fact that the false entry of the original of the notarial deed as stated in the facts charged and the exercise of the original of the notarial deed as stated in the crime are added to the name of the crime, and the application for amendment to a bill of amendment to an indictment was added to Articles 228(1) and 229 of the Criminal Act. This court permitted this, thereby changing the subject of the judgment by this court, and since this part of the facts charged and the remaining facts charged are concurrent crimes under the former part of Article 37 of the Criminal Act, the judgment below was no longer maintained.

3. If so, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and it is again decided as follows.

Criminal facts

The summary of the evidence and facts charged against the defendant recognized by the court and the summary of the evidence in the court below's facts charged in the case of the 2014 Go-Ma1822, "the defendant was committed in the P office located in Ulsan-gu P office around January 6, 201, and the attorney-at-law in charge of authentication was delegated the power of attorney to prepare notarial deeds in the monetary loan contract for consumption of money with a limited company M as joint and several sureties.

On January 6, 2011, the defendant made a false report to the above attorney-at-law in charge of notarial acts who is aware of such fact, and the creditor lent 120,000,000 won to the debtor, and the debtor borrowed it.

Creditors Q and the debtor, Z.

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