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(영문) 광주지방법원 2014.12.17 2014노2704
사문서위조등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.

2. The facts that the defendant recognized his mistake and that the crime of this case was the first offender are favorable circumstances. However, the crime of this case terminated the right to collateral security established in his own apartment by forging documents even though the loan was not repaid. The defendant, even though he was employed by the victim, is not sufficient to commit the crime of this case with a view to preparing the stock investment money. The defendant is a large amount exceeding KRW 100 million, the damage suffered by the victim was not recovered at all, and there was no agreement with the victim (the defendant disposed of the apartment after the termination of the right to collateral security at another place). In light of the circumstances leading up to the crime of this case, circumstances after the crime of this case, the defendant's age, character and conduct, and environment, etc., the defendant's punishment is too unreasonable. Thus, the defendant's assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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