사문서위조등
The judgment of the first instance shall be reversed.
Punishments against the Defendants shall be prescribed by each fine of KRW 2,00,000.
The defendants are the defendants.
1. The summary of the grounds for appeal: (a) there is no similar type of criminal power against the Defendants in the judgment of this court; (b) K withdraws a complaint at the investigation stage; and (c) Mindo, the rest of the complainant, expressed its intent not to punish the Defendants in the trial; and (d) there may be room to deem that the Defendants meet the necessary quorum requirements for concluding a loan agreement if they intend to hold stocks; and (b) caused damage to H by the instant crime.
In full view of the fact that the Defendants or the Defendants did not appear to have personally made unjust profits, and other various sentencing conditions as shown in the arguments in the instant case, including the Defendants’ age, character and conduct, home mode, motive and circumstance of the crime, and circumstances before and after the crime, the suspended sentence of imprisonment with prison labor imposed by the first instance court is too unreasonable.
3. According to the conclusion, as the appeal by the Defendants is justifiable, the judgment of the first instance is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the judgment is again rendered following the pleadings.
The criminal facts and the summary of the evidence recognized by the court are the same as the judgment of the court of first instance, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 231, Article 234, and Article 30 of the Criminal Act, the applicable law as to the facts constituting an offense and the choice of punishment (the choice of fines), Article 37 of the Criminal Act, the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, each of which aggravated concurrent offenses is aggravated. Article 70 and Article 69(2)1 of the Criminal Act, each of which is the provisional payment order, Article 334(1) of the Criminal Procedure Act.