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(영문) 춘천지방법원 2019.06.14 2018노69
사문서위조등
Text

All appeals by the Defendants are dismissed.

Reasons

Summary of Grounds for Appeal

Defendant

A misunderstanding of facts or misunderstanding of legal principles was aware that the instant automobile was provided as security and is in custody in the pawnpo, and a certificate of credit transfer, which is not a contract for middle and middle sales, was prepared.

In light of the fact that the victim purchased the instant vehicle at a price lower than the market price, the fact that he was aware of the fact that he was another person's vehicle after obtaining a vehicle registration certificate in the pawnb, and that the Defendant A did not actually gain any profit, the Defendant A did not deceiving the victim, nor did the intention of defraudation.

The Defendants merely put each of the documents listed in paragraph (2) of the facts charged in the instant case (hereinafter “each of the documents of this case”) on the celebroid in the instant vehicle, and did not use each of the forged documents to the victim.

The sentence of the lower court on unreasonable sentencing (fine 4 million won) is too unreasonable.

Defendant

B misunderstanding of facts or misunderstanding of legal principles, Defendant B was unaware of the specific rights relationship of the instant vehicle and did not deceive the victim.

Even if Defendant A deceivings the victim, Defendant B was only engaged in some business upon Defendant A’s request, and did not participate in the above crime.

Defendant

B The document of this case was written on behalf of the defendant A who is not aware of the Korean language, and the defendant A directly signed each document.

In addition, the Defendants merely put each of the above documents on the front door of the instant vehicle, but did not use each of the documents forged to the victim.

The sentence of the lower court on unreasonable sentencing (fine 4 million won) is too unreasonable.

In full view of the following facts and circumstances, the judgment of the court below and the evidence duly adopted and investigated by the court below as to each argument of fraud regarding mistake of facts or misapprehension of legal principles, the defendants can find out the following facts and circumstances.

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