사기등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
1. The sentence imposed by the court below (ten months of imprisonment) is too unreasonable.
2. As to the assertion of unfair sentencing by the Defendant and the prosecutor, each of the instant crimes is acknowledged, with regard to the Defendant’s respective assertion of unfair sentencing, and the following circumstances are acknowledged: (a) each of the instant crimes is acknowledged: (b) the Defendant, by forging the lease contract in the name of the mother and the written consent to the transfer of assignment; (c) by allowing another person to present his/her driver’s license; and (d) by taking out loans in excess of KRW 100
However, in light of the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime, and all of the sentencing conditions indicated in the instant records, such as the circumstances after the commission of the crime, the lower court’s punishment is too unreasonable, so long as it is considered unfair.
3. The judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the following decision is rendered after pleading
(However, as long as the appeal by the defendant is reversed on the ground that the judgment of the court below is well-grounded, the prosecutor's appeal shall not be dismissed. Criminal facts and summary of evidence recognized by the court are as stated in each corresponding column of the judgment below. Thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act
Application of Statutes
1. Relevant Article 347(1) of the Criminal Act concerning criminal facts, the choice of punishment (Fraud, choice of imprisonment), Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, Articles 230 of the Criminal Act, the illegal exercise of official document under Article 230 of the Criminal Act, and imprisonment.