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The judgment of the court below is reversed.
Defendant shall be punished by a fine of three million won.
The above fine shall not be paid by the defendant.
Reasons
1. The summary of the grounds for appeal (e.g., a fine of 5 million won) of the lower court’s sentencing (e.g., a fine of 5 million won) is unreasonable.
2. The defendant, after forging documents by stealing the name of the victim B who was his spouse, forged the documents and completed the registration of ownership transfer on the above victim's real estate by using them, acquired money by offering the above real estate as security and obtaining loans as if he own the above real estate. Considering the fact that the damage amount to the above real estate is higher than 25 million won, which is a disposal document's power of attorney and contract forgery and completed the registration of ownership transfer, etc., the defendant needs to bear strict liability corresponding to it.
However, considering the circumstances favorable to the defendant that the defendant led to the confession of the crime, there is no previous department, and the victim did not want the punishment against the defendant under the agreement with the victim B, and that the defendant completely repaid the loan to the victim K and completed the registration of transfer of ownership in the name of the victim B after cancelling the registration of establishment of a mortgage on the real estate established in the above real estate, it is judged that the court below's punishment against the defendant is unfair because of the sentencing and equity committed with respect to all sentencing factors and similar cases as shown in the argument of this case, such as the defendant's age, career, character and behavior, environment, motive and circumstance of the crime, circumstances after the crime, etc.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.
[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is the same as that of the judgment below. Thus, it is true in accordance with Article 369 of the Criminal Procedure Act.