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(영문) 서울서부지방법원 2014.04.03 2014노224
사기등
Text

All appeals filed by prosecutors and Defendant A shall be dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Prosecutor’s sentence (10 months of imprisonment with prison labor for Defendant A and Defendant B) declared by the lower court to the Defendants is too unfasible and unfair.

B. The punishment sentenced by the court below to Defendant A (10 months of imprisonment) is too unreasonable.

2. We examine both the judgment prosecutor and the defendant A's grounds for appeal.

The Defendants’ crime of this case committed not only the relevant private documents, such as the certificate of employment, but also the relevant public documents, such as the certificate of qualification for national health insurance, the certificate of resident registration, and the abstract of resident registration, as if they were engaged in occupation, forged, using them to obtain false loans from financial institutions for about 13 times and obtain false loans from financial institutions, and thereby the crime of this case is very poor and the crime of this case is committed. Defendant A had already been sentenced to a suspended sentence for the same kind of crime, and Defendant B again committed the crime of this case within the period of the suspended sentence, even after having already been sentenced to the suspended sentence for the same crime, and Defendant B again committed the crime of this case within the period of repeated crime after having completed the execution of the sentence for the same kind of crime.

However, there are favorable circumstances to the Defendants, such as the fact that the Defendants made confession of all of the instant crimes, and that the mistake is divided in depth, that the crime of this case appears to have arisen from economic difficulties, that there is no significant criminal force before the instant case, and that part of the instant crimes committed by Defendant B constitutes a crime for which judgment has not been rendered together with the crime for which judgment has become final and conclusive.

Taking into account all the above circumstances and various sentencing conditions as seen in the record and pleadings, the lower court’s punishment against the Defendants cannot be deemed to have exceeded the reasonable bounds in sentencing decisions.

3. As such, the Criminal Procedure Act provides that both a prosecutor and a defendant's appeal are without merit.

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