사기등
The defendant's appeal is dismissed.
1. The decision of the court below on the accused's summary of the grounds for appeal is too unreasonable (ten months of imprisonment, two years of suspended sentence, two years of social service work, two hundred hours of imprisonment).
2. The judgment of the court below is that the victims did not want the punishment of the defendant in agreement with the victims, and that the defendant does not have the same criminal record is favorable to the defendant.
On the other hand, it is doubtful that there is a doubt that the defendant's mistake is against the truth-finding, that the sum of the acquired money reaches KRW 48 million, and that there is no particular change of circumstances in the trial and that there is no change of circumstances against the defendant.
In addition, the age, character and conduct, the environment, the circumstances and results of each of the crimes in this case, etc., all of the sentencing conditions in this case and the result of the application of sentencing guidelines by the Supreme Court sentencing committee.
1. Standards for types of punishment and of punishment;
(a) Crimes of forging private documents [Determination of types] There are no types 1 (Forgery, Alteration, etc. of Private Documents) (No person who is a special person] (Scope of recommendations]: Imprisonment with prison labor for up to six months and two years;
(b) The basic area that there is no type 1 (a person who forges, alters, etc. of private documents) (a person who is a special person) (the scope of recommending punishment) (the scope of recommending punishment): Imprisonment with prison labor for not less than six months nor more than two years;
(c) Fraud [Determination of Punishment] Types 1 (less than KRW 100,000) (Special Convicted Persons): Reduction element: In a case where punishment is not granted or substantial damage has been recovered (the scope of recommending punishment): One month to one year; and
2. In full view of the handling of multiple crimes [the determination of a basic crime] / [the processing] / [the imprisonment] - 6 months to 3 years (the 1/2 to 3 years to 1/3 of the upper limit of the sentence scope of the two crimes) / 3 months to 6 months, etc., the sentence imposed by the court below is too unreasonable. Thus, the defendant's above assertion is without merit.
3. In conclusion, the defendant's appeal of this case is without merit and Article 364 of the Criminal Procedure Act is not reasonable.