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(영문) 대구고등법원 2017.04.24 2017노61
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

except that, for a period of four years from the date this judgment becomes final and conclusive.

Reasons

The summary of the grounds for appeal in light of the various sentencing conditions in this case, the punishment imposed by the court below (two years and six months of imprisonment) is too unreasonable and unfair (the defendant thought that the defendant was entrusted with the right to dispose of the property of the clan when he obtains the official seal and the seal of directors of the clan of this case on the grounds of appeal. The defendant, as a de facto representative of the clan, prepared the rules of the clan of this case and the minutes of the board of directors in accordance with the previous custom and sold the forest of this case, which is the property of the clan of this case, and received road compensation, and the defendant did not have any intention to commit each of the crimes of this case. However, although the defendant argued that there was no intention to commit any of the crimes of this case, the defendant withdrawn the above argument to the effect that there was no error in the misapprehension of facts and the legal principles at the first trial date of the trial of the court below, and there was no legitimate ground for appeal and ex officio examination of the above facts.

In light of the various sentencing conditions of this case, each of the crimes of this case is not likely to be committed in light of the relevant laws, such as forging the rules of the clan and minutes of the board of directors, forging the rules of the clan and the minutes of the board of directors in custody of the defendant, and completing the registration of change of the indication in the name of the representative of the clan by using them, and deceiving the purchaser as if the representative of the clan has the right to dispose of the property of the clan, by deceiving the purchaser of the purchase money, by deceiving the personnel in charge of withdrawing the deposit money, and by deceiving the personnel in charge of withdrawing the money, by deceiving the user of the clan, and by deceiving the money equivalent to the compensation for the property of the clan, and by forging the minutes of the board of directors of the clan in the course of the crime of this case,

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