사기미수등
The defendant's appeal is dismissed.
1. The decision of the court below on the summary of the grounds for appeal (one year of imprisonment, two years of suspended execution, two years of probation, and one hundred and sixty hours of community service) is too unreasonable.
2. The circumstances favorable to the defendant include: (a) the fact that the defendant led to the confession and reflect of the crime; and (b) the conciliation to withdraw a criminal complaint by receiving some money from the victim in the civil procedure with the victim, etc.
On the other hand, the defendant has committed fraud by deceiving the court as an active means, such as copying a document in which the victim's signature is written and submitting a forged document to the contract at will. In light of the law on the acceptance of the crime, etc., the nature and circumstances of the crime are very poor, and the fact that there has been a history of having been punished several times due to suspended sentence of imprisonment for property crimes.
In addition to the above various circumstances, comprehensively taking account of the Defendant’s age, character and conduct, motive for the instant crime, means and consequence of the instant crime, etc., the lower court’s punishment cannot be deemed to be too unreasonable, as well as the circumstances after the crime.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.