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The prosecutor's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. As a part of the crime of fraud, the Defendant: (a) stated that there is sufficient motive to forge the instant lease contract (the deposit was 150 million won, and the contract as of May 22, 2010), that there was no absolute consent from the court below; (b) the victim G did not receive any compensation from the Defendant; and (c) the court rendered a judgment against the Plaintiff in the lawsuit claiming acquisition money based on the lease contract of this case that the authenticity of the relevant contract is good and the Plaintiff lost; (d) in light of the fact that the court rendered a judgment against the Plaintiff, the judgment of the court below acquitted the Defendant of the fraudulent document and the uttering of the aforementioned investigation document of this case, there was an error of law by mistake of facts as to the
B. The lower court’s sentencing (one year and six months of imprisonment, and two years of suspended execution) is too unjustifiable and unfair.
2. Determination
A. (1) The summary of the facts charged is that the Defendant demanded the Korea Petroleum Industry Co., Ltd. to provide a security for the continuous supply of raw materials, and the Defendant did not conclude a charter contract with G or pay a charter deposit with respect to the instant building, but forged a charter contract under the name of a lessor that is a lessee of a stock company E, and subsequently, was willing to transfer the lease deposit claim against the lessor G to the Korea Petroleum Industry Co., Ltd. as security.
On June 2010, the Defendant: (a) asked G to the effect that “B shall re-conform the contract to secure the deposit amount of KRW 30 million,00,000,000 to G,” and (b) provided that “B shall cooperate with G to secure the deposit amount of KRW 30,50,000; (c) provided that “B shall prepare the lease contract to secure the deposit amount of KRW 150,000,00,000, and then transfer the deposit amount of KRW 100,000,000,000,000,000,000,000,000 won.”
Nevertheless, there is a need to do so.