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All appeals filed by the prosecutor against the Defendants are dismissed.
Reasons
1. The summary of the grounds for appeal (defendant A: fine of 3 million won, Defendant B’s imprisonment with prison labor for 6 months, and 2 years of suspended execution) of the lower court is deemed to be too unhued and unreasonable.
2. The crime of this case is an unfavorable circumstance where Defendant B pretended to transfer money to Defendant A and prepares a false transaction agreement to evade compulsory execution during the course of the lawsuit with the victim, and transfers his/her property to Defendant B falsely, and the nature of the crime is not provided for in the above, and Defendant B did not agree with the victim until now, and Defendant B committed again the crime of this case without being aware of the fact that he/she had been subject to several criminal punishment and had been in the period of suspended execution.
On the other hand, there is no record of criminal punishment against Defendant A, and there is no record of punishment against Defendant B for the same crime, and the fact that the ownership of the instant land and building was restored to Defendant B again is favorable.
In addition, comprehensively taking account of the following: the Defendants’ age, sex, environment, family relationship, and motive for committing the crime, and various sentencing conditions as shown in the instant records and arguments, the lower court’s punishment is too uneasible and unreasonable; thus, the Prosecutor’s assertion is without merit.
3. The appeal against the Defendants by the prosecutor of the conclusion is without merit, and all appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.