공문서위조등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
1. The decision of the court below on the gist of the grounds for appeal is too unreasonable.
2. The Defendant had the record of being punished several times due to fraud, fabrication of a private document, uttering of a falsified document, etc., and the Defendant committed the instant crime during a repeated crime period since the period of parole has not passed since he was provisionally released for the prison term of one year and ten months after having been sentenced to imprisonment for a crime of fraud, but the period of parole has not passed since the period of parole expired. However, among the instant crimes, the crime of fraud is deemed unfair by taking account of the following: (a) the amount of damage is less than 2.4 million won; (b) the Defendant deposited at the trial and the Defendant deposited one million won for the victim C; (c) all of the instant crimes are led to confession and rebuttal; and (d) the final judgment and each of the instant crimes must be considered in relation to concurrent crimes under the latter part of Article 37 of the Criminal Act.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(4) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the following decision is rendered again.
Criminal facts
Summary of Evidence
The summary of the facts constituting the crime recognized by this court and the summary of the evidence 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.
Application of Statutes
1. Relevant provisions of the Criminal Act and Articles 225, 229, 225, 231, 234, 231, and 237 (1) of the Criminal Act concerning criminal facts, the choice of punishment, and the choice of punishment;
1. Article 35 of the Criminal Act among repeated crimes (i.e., criminal records of fraud for which the period of parole has expired);
1. The crime of this case under the latter part of Articles 37 and 39(1) of the Criminal Act, and the crime of forging private documents, for which a judgment became final and conclusive on November 17, 2012, and the crime of forging private documents, which became final and conclusive on July 12, 2013.