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All appeals filed by the defendant and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The sentence of the lower court (ten months of imprisonment) is too unreasonable.
B. The above-mentioned sentence of the prosecutor is too unhued and unreasonable.
2. The instant crime was committed by forging a document in a planned manner beyond the authority delegated by C, and by using it to obtain a total of KRW 121 million from the victims, and the case is not less exceptionally. The Defendant paid KRW 10 million to the said C who suffered substantial property loss on February 14, 2013, which was under the custody investigation, and agreed with C, and subsequently paid the remaining amount of damage (after which the Defendant was released upon acceptance of a request for review of the legality of detention on February 19, 2013, and was detained at the court’s ruling on October 16, 2013). However, it is unfavorable that the Defendant did not take additional measures to recover damage or agreed with the rest victims until this court rendered a decision on October 16, 2013.
On the other hand, it is more favorable that the defendant recognized his mistake, and that the defendant paid 1.3 million won per month to C for a considerable period of time as delegated by C in accordance with C.
In addition, comprehensively taking account of the circumstances leading up to the instant crime, circumstances after the instant crime, Defendant’s age, character and conduct, and environment, etc., it is not recognized that the lower court’s punishment is too heavy or unreasonable, and thus, the Defendant and the prosecutor’s assertion are without merit.
3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.