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The judgment of the court below is reversed.
Defendant
A Imprisonment of three years and six months, and Defendant B shall be punished by imprisonment of one year.
(b).
Reasons
1. The summary of the grounds for appeal (for defendant A, five years of imprisonment, and one year of imprisonment) declared by the court below is too unreasonable.
2. The judgment is based on the following facts: (a) the amount acquired by Defendant A from the victim C was KRW 720 million; (b) the amount of damage from the Defendants’ victim Co., Ltd. and the amount of occupational breach of trust against the Plaintiff Co., Ltd. is KRW 100 million; and (c) the Defendants prepared a notarial deed of money loan contract for the above occupational breach of trust with R Co., Ltd. and M Co., Ltd. and joint and several sureties; (d) the Defendants committed the crime of false entry in the authentic copy of the authentic deed and the crime of uttering of the authentic copy of the authentic deed; and (e) the crime of forgery of the authentic deed and the crime of uttering of the authentic document by forging and using
However, in full view of the facts that the Defendants led to the confession of all crimes and divided their mistakes, in the trial, the Defendants did not want punishment against the Defendants by mutual agreement with the victim of the crime of occupational breach of trust, the crime of occupational breach of trust, the crime of forging private documents, and the crime of uttering of the above investigation document, the victim of the crime of occupational breach of trust in the trial. Defendant A did not have any criminal record exceeding the fine, Defendant B did not have any criminal record, Defendant B seems to have no profit from each of the above crimes, and Defendant B seems to have no profit from each of the above crimes, and other factors of sentencing as shown in the argument of this case, such as the age, character and behavior, environment, motive of the crime, and circumstances after the crime, each of the punishment sentenced by the court below is deemed to be unfair.
Therefore, the defendants' arguments are justified.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendants' appeal is well-grounded, and the following decision is rendered after pleading.
【Discretionary Judgment] Summary of Criminal facts and Evidence is recognized by this Court.