사기
The judgment of the court below is reversed.
Defendant shall be punished by a fine of two million won.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal is unreasonable because the penalty (five million won of a fine) of the original judgment is too unreasonable.
2. In full view of the following facts: (a) the Defendant’s mistake is in profoundly against his/her own mistake; (b) the equitableness with the case of the use of forged securities for which a judgment has become final and conclusive; and (c) the Defendant’s age, character and conduct; (d) the background and motive leading to the instant crime; and (e) other matters concerning the sentencing as indicated in the records and arguments, the sentence of the
Therefore, the defendant's assertion of unfair sentencing is justified.
3. In conclusion, 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.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
(However, in accordance with Article 25 of the Regulation on Criminal Procedure, Article 6 of the judgment of the court below shall be corrected ex officio to "victim E."
1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;
1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;
1. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;