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(영문) 서울동부지방법원 2013.04.18 2013노101
사문서위조등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for six months and two years of suspended execution) that the court below sentenced against the defendant is too unreasonable.

2. The judgment of the defendant was made at the time of the crime of this case when the whole crime of this case was committed, and the crime of this case was committed in the course of repeated transactions between the defendant and the victim for a long time. On the other hand, the defendant set up a right to collateral security on his own real estate after the crime of this case, and the victim was paid dividends therefrom, but the amount of dividends to the victim was reduced in the lawsuit of demurrer against distribution filed by other creditors, thereby making it impossible to repay damage to the crime of this case. In light of the circumstances before and after the crime of this case, the crime of this case seems not to be based on the defendant's strong intent of deception, the damage amount of the crime of this case was not significant, and the equity between the defendant's crime of this case and the crime of fraud finalized on August 31, 2012 should be considered.

However, the court below's sentencing seems to have taken into account all favorable circumstances that the defendant committed the crime of this case, such as forging the private document under the name of another person, deceiving the purpose of the loan, etc. by deceiving the money from the victim, and deceiving the use of the loan, etc., and did not reach an agreement with the victim, and the sentencing of the court below is likely to be changed to the extent that the court below and the punishment should be different solely on the ground that the defendant committed the crime of this case at the time of the trial. On the other hand, the defendant submitted a certificate of confirmation that he requested the transfer of 15 million won to the bank account of the F on May 25, 201 from the trial to the Korean bank account of the victim, but it is difficult to view it as the payment prior to the crime of this case, and it is between the defendant and the victim.

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