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(영문) 창원지방법원 2015.06.17 2015노736
공정증서원본불실기재등
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The punishment of the court below (the fine of KRW 5,000,000) is too unreasonable.

2. The crime of this case was established on October 9, 2012 by the court below, which filed a lawsuit against the Defendant, such as consolation money and a claim for division of property, and sentenced the Defendant to pay KRW 80 million in the aggregate of the consolation money and the division of property (Seoul District Court Masan Branch 2011ddan89). Upon the commencement of compulsory auction for the execution of the above judgment claim, the Defendant made a false report on the fact that the Defendant borrowed KRW 260 million from D, G, KRW 180 million, and KRW 160 million from H, and KRW 160 million from H, and caused a notary public, etc. to enter the defective facts in each monetary loan contract and to exercise the notarial deed, and to file a false application for a compulsory auction for the purpose of the above judgment claim, and made the Defendant to escape the above notarial deed by submitting a false agreement to the public for the purpose of committing the crime of this case, and made the agreement to exempt the Defendant under the name of each of the above notarial deeds.

However, the nature of the crime of this case is not somewhat minor, and the court below seems to have sentenced a relatively minor fine to the defendant in consideration of the favorable circumstances as seen earlier, and the equality in sentencing with the same kind of crime should be taken into account.

In addition, considering the fact that there is no change of circumstances that may be considered in sentencing after the sentence of the lower judgment, as well as the various circumstances, such as the Defendant’s age, character, conduct and environment, motive, means and consequence of the crime, the circumstances after the crime was committed, it is difficult to view that the sentence imposed by the lower court is excessively unreasonable.

Therefore, the defendant.

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