사기등
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the lower court’s punishment (two months of imprisonment, two years of suspended execution, and one hundred and twenty hours of community service) is too unhued and unreasonable.
2. The crime of this case constitutes a reason for disadvantageous sentencing, including the fact that the defendant forged a private document and stolen 39,350,000 won from the victims by using the above investigation document, and that the crime of this case is serious, and that the defendant did not agree with the victims, etc. However, the prosecutor's assertion is not acceptable in light of the following circumstances: (a) the defendant led to the crime of this case; (b) the defendant repaid the victims about KRW 30,000 in total up to the original trial; (c) the defendant additionally deposited KRW 2,00,000 in the trial; and (d) the defendant did not have any specific criminal record in addition to the punishment imposed three times for the crime of this case; and (b) the defendant has no other criminal record in addition to the punishment imposed three times for the crime of this case.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.
(However, pursuant to Article 25 (1) of the Rules on Criminal Procedure, "3050,00 won" in the last sentence of Paragraph (3) among the facts constituting the crime of the original judgment shall be corrected to "34,350,000 won".