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(영문) 대전지방법원 2017.02.14 2016노2555
사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

However, the period of three years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. In relation to the misunderstanding of facts and misapprehension of legal principles as to the fraud against the victim C, the transfer of the right to request the transfer of ownership in the name of the Defendant’s wife was intended to reduce the loss of the victim C by converting the interest to the loan of a national bank with low-priced interest under the victim’s understanding, and selling the telecom through remodeling construction. However, the sales of the telecom was not performed well, and the Defendant merely did not repay the debt to the victim C, and the Defendant was able to obtain a loan as stated in the facts charged.

There is no false statement.

B. The sentence of the lower court’s unfair sentencing (two years of imprisonment) is too unreasonable.

2. An ex officio decision-making prosecutor applied for the modification of a bill of amendment to the facts charged in the instant case, which included the forgery of the signature of the company and the use of the signature of the company, as follows, and the subject of the judgment was changed by this court.

However, this part of the judgment below should be sentenced to a single sentence within the scope of the term of punishment, which is subject to aggravated punishment in accordance with Article 38(1) of the Criminal Act, with respect to the remaining criminal facts and concurrent crimes under the former part of Article 37 of the Criminal Act. Therefore, the judgment below is no longer maintained in this respect.

However, the defendant's assertion of misunderstanding the facts and legal principles is still subject to the judgment of this court, and this is examined in the following paragraphs.

Applicable Law: The facts charged under Articles 239(1), 239(2), 30, 37, and 38 of the Criminal Act: The Defendant was established with C for the purpose of real estate development business, etc., along with C on September 28, 201, but failed to conduct business on July 10, 2012.

1. (a) As described in paragraph (a), C’s provisional registration is made on the condition that, by constructing a multi-family house on three parcels of land, such as Daejeon Seosung-gu F, for which the name of C has been affixed, the lessee will repay the loan to C with its proceeds.

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