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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendant entered into a charter contract as clearly delegated by F with F by the owner of the instant officetel. The Defendant merely borrowed KRW 60 million from F and failed to repay the deposit when he borrowed KRW 60,000,000 from F. As such, as in the instant facts charged, the Defendant did not defraud the lessee of KRW 60,000 from F by forging one copy of the charter contract in the name of F without authority and by using it.
B. When considering the various circumstances of unreasonable sentencing, the sentence of imprisonment (eight months) by the lower court is too unreasonable.
2. Determination
A. In full view of the evidence duly adopted and examined by the court below as to the assertion of mistake of facts, in particular, the court below's ruling of the witness F of the court below is just ( there is no reason to deem that the court below's decision on the credibility of the above F's statement is significantly unfair) and there is no illegality in misconception of facts or incomplete hearing due to violation of the rules of evidence, and thus, the defendant's assertion in this part is not acceptable. The defendant's assertion in this case is not acceptable, since the defendant committed a forgery of the charter contract of this case against the intention of F, the owner of the instant officetel, and the lessee I can be sufficiently convicted of each of the facts charged in this case, which acquired the whole charter deposit 60 million won from the lessee I.
B. Although it is recognized that the defendant could have been tried at the same time as a crime of fraud currently serving in prison, such circumstance seems to have already been fully reflected in the original judgment’s punishment. Other circumstances, which are all the conditions of sentencing, including the records and arguments of this case, including the degree of damage to the crime of this case, Defendant’s age, character and conduct, environment, power, motive, means and consequence of the crime, etc., compared to the original judgment.