All appeals filed by prosecutors and defendants are dismissed.

Summary of Grounds for Appeal

A. The Prosecutor’s sentence is too unhued and unreasonable.

B. The punishment of the lower court (four months of imprisonment) is too unreasonable.

Judgment

In light of the method of the crime of this case using forged documents, the crime is not good, the defendant still does not return 40 million won to the victim, and the defendant already has the record of being sentenced to suspension of indictment for the same kind of crime, etc. are disadvantageous sentencing factors.

On the other hand, considering the following as a whole: (a) the fact that the defendant is recognized as committing a crime, the fact that the defendant returns KRW 10 million to the victim; (b) the defendant is economically difficult and is in a health condition; and (c) there is no change in circumstances that vary between the judgment of the court below and the punishment; (d) the circumstances leading up to the crime of this case; (b) various sentencing materials in pleadings, such as the circumstances after the crime of this case; (c) the defendant’s age, character and conduct, environment, etc.; and (d) the scope of the recommended sentence according to the sentencing guidelines of the Sentencing Committee (type 1 (less than KRW 100 million: imprisonment with prison labor for not less than 6 months or 1 year and 6 months). Therefore, the prosecutor and the defendant’s assertion are without merit.

Therefore, the appeal by the prosecutor and the defendant is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.