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(영문) 의정부지방법원 2012.12.14 2012노1823
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. As to each part of the judgment of the court below regarding mistake of facts, since the non-existence of this case possessed by the defendant was a serious fact, it cannot be deemed that the defendant had the intention to deceive the victims.

Nevertheless, the court below found the defendant guilty of this part of the facts charged, and there is an error of misconception of facts.

B. The sentence imposed by the lower court (two years of imprisonment) is too unreasonable.

2. Determination

A. The court below duly adopted and examined the following facts based on the evidence, i.e., the defendant presented an appraisal document of March 6, 2003, W, X Preparation (No. 123 pages, 2012No. 787 investigation records, No. 1347 investigation records, No. 201-No. 1347) by asserting that the non-existence of this case was a earthquake, an incorporated association, and submitted an appraisal document of March 6, 2003. The above W and X was commissioned by the Korea High Arts Association as an appraiser around 1996, and the defendant prepared the appraisal document of this case in his personal capacity before the expiration of the commission period of appraisal (No. 2012Da787,No. 51-231, No. 20127, Dec. 2, 2008). According to the reasoning that the above appraisal document of this case was not prepared by the court below, the defendant was not prepared as an appraisal document of this case No. 271, No. 3127144 of this case.

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