공문서위조등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
a certificate of forgery issued by the Financial Services Commission;
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) of the lower court is too unreasonable.
2. The so-called “Singing” crime, in which the Defendant participated, is recognized as having great harm and injury to society as a whole by massing a large number of victims as planned and organized against many unspecified persons; the frequency of the Defendant’s participation; and the amount of damage is not much much than KRW 70 million.
However, in full view of the following factors: (a) the Defendant led to the instant crime; (b) the Defendant was committed; (c) there was no history of criminal punishment against the Defendant; (d) the Defendant’s family members wanted to have the Defendant’s wife; (c) the Defendant agreed with the victim H in the lower court; and (d) agreed with the victim S in the trial; and (e) made efforts to reach an agreement with the victims by remitting part of the amount of damage to the victim Q, etc.; and (e) the Defendant’s economic situation, family relation, age, character and conduct, environment, motive, means and consequence of the instant crime; and (e) all of the sentencing conditions
3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is well-grounded, and the following decision is rendered after pleading.
[Discied Judgment] Criminal facts and summary of evidence recognized by the court are as stated in each corresponding column of the judgment below. Thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of the Criminal Act concerning the facts of crime and Articles 225 and 30 of the Criminal Act, Articles 229, 225, and 30 of the Criminal Act, Articles 347 (1) and 30 of the Criminal Act, Articles 352, 347 (1), and 30 of the Criminal Act, Articles 352, 347 (1), and 30 of the Criminal Act concerning the selection of punishment;
1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.