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The judgment of the court below is reversed.
In four months of imprisonment with prison labor for the crimes Nos. 1 and 2 of the decision of the court below, the third crime as stated in the decision of the court below is committed.
Reasons
1. The summary of the defendant's grounds of appeal (unfair punishment) is against the defendant's wrong, the victims expressed their intention not to want the punishment of the defendant, the defendant lending his name to H in the case of the crime of fraud against the victim C, not leading the above crime, and in the case of the crime of fraud against the victim E, not leading the crime of fraud, and supporting his family. In light of the fact that the defendant's punishment (the first and second crimes as stated in the judgment of the court below: imprisonment with prison labor for six months, the suspension of execution for two years, and the third crimes as stated in the judgment of the court below: imprisonment with prison labor for six months) is too unreasonable.
2. The judgment of the court below is against the defendant's wrong, the victim C expressed his intention not to want the punishment of the defendant at the court below, and the victim E expressed his intention not to want the punishment of the defendant when the crime of this case occurred at the court below. In light of the motive and circumstance of each crime of this case, the circumstances before and after the crime of this case, the degree of damage, and other various matters stipulated in Article 51 of the Criminal Act, which are conditions for sentencing, such as the defendant's character and behavior, the environment, etc. as shown in the records and arguments of this case, the court below's punishment
However, in full view of the fact that the amount of damage caused by each of the crimes in this case is not much significant, and that the defendant was sentenced to a suspended sentence of one year by imprisonment with prison labor at the Suwon District Court on May 29, 2014 and there was a record of several punishments for the same crimes in the same kind, it is inevitable to sentence the third crime in the judgment of the court below.
3. Since the appeal by the defendant is well-grounded, the judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is ruled again after pleading.
Criminal facts
The summary of the defendant's criminal facts and evidence is identical to that of the judgment below, and thus, Article 369 of the Criminal Procedure Act is applicable.