공문서위조등
The judgment below
The remainder, excluding the rejection of an application for compensation order, shall be reversed.
Two years of imprisonment.
The summary of the grounds for appeal (three years of imprisonment) by the lower court is too unreasonable.
2. The crime of this case is deemed to have been committed as if the victim were an employee of the Financial Services Commission in the process by taking part in collecting money from the victims of the crime of this case by taking part in the crime of Bosing criminal organization, by forging the official document under the name of the Financial Services Commission, and suggesting it to the victims as if the victim was an employee of the Financial Services Commission. In light of the method and content of the crime, the crime is very poor; the total amount of damage amount exceeds KRW 131 million; the crime of Bosing the crime of Bosing the crime of this case is very heavy; since it is difficult to control the crime as it is close and planned and it is difficult to recover damage and it is not easy to recover damage, it is reasonable to punish the defendant with severe punishment. In light of the fact that the defendant did not receive a letter from B from the person who suffered the largest amount of damage up to the judgment of the court; and that the above victim was breading a severe punishment against the defendant.
However, in full view of the following factors: (a) the Defendant recognized the instant crime and made mistake against the Defendant; (b) the benefit of the Defendant was not high compared to the amount of damage to the instant crime; (c) the Defendant paid part of the amount of damage to three of the four victims in the first instance court; and (d) the victims do not want to be punished against the Defendant; (c) the Defendant was the first offender who had no record of criminal punishment prior to the instant crime; (d) the Defendant’s age, sex, sex, environment, motive and background leading up to the instant crime; (e) the motive and background leading up to the instant crime; and (e) the means and consequence of the instant crime; and (e) the circumstances after the instant crime, etc., the lower court’s punishment is deemed unfair
Therefore, the defendant's argument of sentencing is justified.
3. In conclusion, the Defendant’s appeal is reasonable, and thus, pursuant to Article 364(6) of the Criminal Procedure Act.