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(영문) 광주고등법원 2015.07.09 2014노43
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for four years.

Reasons

1. Summary of grounds for appeal;

A. 1) Of the judgment of the court below 2, the Defendant drafted a motor vehicle lease contract and affixed the seal imprint certificate on the column of joint and several sureties with the approval of the Z. Nevertheless, the court below found the Defendant to have exercised the seal imprint certificate on the motor vehicle lease contract without the consent of the Z and found the Defendant guilty of this part of the charges. Therefore, the judgment of the court below was erroneous in the misunderstanding of facts, which affected the conclusion of the judgment. 2) The Defendant borrowed money as security from the Dam-gun, Dam-gun, Dam-gun (hereinafter “the instant land”) (hereinafter “victim”) under the agreement at the time of the sales contract and intended to pay the balance to AK, a shareholder of the Dam-gun Co., Ltd. (hereinafter “the instant land”), which is the object of the purchase and sale, but the Cheong new Do new LLC, a collateral security right holder of the instant land, tried to apply for a voluntary auction, and thereby, sustained the Defendant in relation to the instant land.

Nevertheless, the lower court determined that the Defendant embezzled the amount equivalent to the above amount by establishing the instant collateral security against AO, one’s creditor, with the intent of unlawful acquisition.

Therefore, the judgment of the court below is erroneous in affecting the conclusion of the judgment.

B. Each sentence of the lower court on the assertion of unfair sentencing (the first instance judgment: imprisonment for 2 years and 6 months; imprisonment for 1 year; imprisonment for 3 years; imprisonment for 8 months; imprisonment for 4 months; imprisonment for 2 months) is too unreasonable.

2. Determination

A. The judgment of the court below on the defendant's ex officio determination based on the consolidated hearing is based on the judgment of the court below.

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