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(영문) 인천지방법원 2014.10.24 2014노2849
공정증서원본불실기재등
Text

The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for not more than ten months.

except that this judgment.

Reasons

1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.

2. On the other hand, the defendant prepared a notarial deed of promissory note KRW 700 million by conspiracy with B with the creditor for the purpose of evading compulsory execution by the victim, who is the creditor, and further, submitted such false notarial deed to the court to obtain the seizure and collection order of claims, and attempted to deceive the court by deceiving dividends by participating in the distribution procedure and making a demand for distribution, etc., and attempted to commit each of the crimes of this case. In light of the circumstances leading up to the above crime and the contents thereof, and the method of the crime, etc., the crime of this case is very poor, and the amount of false burden is large, and the amount of fraud was not stated, and the fact that the defendant did not take any measures for restoring damage to the victim by consistently binding force after the lapse of a long period of time after the crime is committed is disadvantageous to the defendant.

However, in full view of the fact that the defendant was found to have his mistake when he was in the trial, and had the time of reflectiveness through the period of confinement for about two months, that the defendant deposited the victim with the money of KRW 20 million or provided a security, etc. for compensation for damages in the trial, and that the defendant agreed smoothly with the victim by providing a security, etc., and other various sentencing conditions in the records and arguments, such as the defendant's age, happiness and family environment, the situation before and after the crime, etc., it is deemed that the sentence imposed by the

3. If so, the defendant's appeal is reasonable. Thus, the part of the judgment of the court below against the defendant under Article 346 (6) of the Criminal Procedure Act is reversed and it is again decided as follows.

Criminal facts

The summary of the evidence and the facts charged against the defendant recognized by the court and the summary of the evidence are the same as the corresponding column of the judgment of the court below, and therefore Article 369 of the Criminal Procedure Act is applied.

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