logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2017.10.26 2017노1061
사문서위조등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for five years.

Seized evidence 1 to 5 shall be confiscated.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, at the third trial date of the appellate trial on May 30, 2017, on the grounds of final appeal. However, with respect to the instant case No. 7862, the Defendant stated that the Defendant, except for clarifying 1 through 3, the sequence 4 through 8, and 11 listed in the list of crimes, was misunderstanding of facts, and the sentencing Nos. 9 through 10, 12, and 14 listed in the list of crimes is unfair, and that the Defendant’s assertion of mistake as to the fraud in the instant case 8894, the second trial date of the appellate trial on May 30, 2017 was withdrawn.

1) In the 2016 Highest 5097 case, the Defendant established C and “G” corporations to become the representative director, C entered into a lease contract with the owner of the house and paid KRW 5 million to the owner of the house. The fact that C submitted documents in the name of G at the office of the National Bank Ormsan Korea, all of which are recognized.

However, this part of the loan is not a crime of fraud, since C actually needs to live in and entered into a lease contract, and there is no fact that the Defendant conspiredd with C with regard to the loan of the lease fund or divided the amount of 48,920,780 won of the loan of the lease fund of the lease fund.

B) In the case related to “FS” Nos. 4 through 8 and 11 in the List of Offenses 7862 at the highest order of 2016, the Defendant was at the time of a public invitation and forgery of private documents, etc., and thus, the Defendant could not participate objectively in the crime because he was at the detention house in the original detention house.

In addition, the part of the crime sight table is that P establishes a “FS” corporation independently without conspiracy with the defendant and commits the crime.

C) As to the alteration of private documents related to the details of the transaction of the Nonghyup CB’s account in 2016 High Order 8894, the Defendant conspired with AI in charge of the alteration of private documents. However, the Defendant stored the details of the transaction of the Nonghyup Account in the computer and altered them using the “forest board,” etc. of the computer program.

arrow