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(영문) 부산지방법원 2019.07.25 2018노2598
사문서위조등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of five million won.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. In regard to the judgment of the court below of first instance (the crime of forging private documents and uttering thereof), the house located in the Dong-gu Busan Metropolitan City C (hereinafter “instant house”).

Although the ownership of the land in this case is the name B, E, the mother of the defendant, was merely the title trust in the name of B in the name of the actual owner of the land in this case, and the real estate lease contract in this case prepared in the name of B is also a document prepared by the defendant with legitimate authority since B comprehensively delegated the right to the land in this case to the defendant in the name of B. Therefore, as to the decision of the court below 2 (U.S.) regarding the preparation of the real estate lease contract in this case, E made a title trust in the name of B in the name of the house in this case, and as a whole delegated the defendant with the right to use the land in the name of B on the preparation of the sale contract and the receipt of the sale price in this case as a whole, it constitutes a legitimate act of preparing the part of the lease contract in this case, which was made by the defendant as the lessee in this case, and thus, it constitutes a crime of forgery of the lease contract in this case that the defendant filed a complaint against the defendant in this case with a false accusation against the defendant in this case.

B. As to the judgment of unfair sentencing (with regard to the judgment of unfair sentencing), the sentence (the judgment of the court of first instance: the fine of 4.5 million won, the second judgment: imprisonment with prison labor for six months, and the suspended execution for two years) that the court of the court below

2. Prior to the judgment on the grounds for appeal by the defendant ex officio, each of the facts constituting a concurrent offense in the judgment of the court below against the defendant, as the case of the judgment below appealed in the trial of the court below, becomes one of the concurrent offenses under the former part of Article 37 of the Criminal Act, and one of them is to be judged in accordance with Article 38 of the Criminal Act.

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