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All appeals by the defendant and the prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The sentence of the lower court (three months of imprisonment) is too unreasonable.
B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.
2. The crime of this case is an unfavorable circumstance to the defendant, in collusion with B, etc., that the defendant acquired money under the pretext of fees by means of a copy of the altered passbook or a certificate of deposit balance, and that there is no particular damage recovery.
However, the fact that the defendant recognizes his mistake and reflects his depth, and that the criminal records of each criminal fraud for which the judgment has become final and the concurrent crimes of the latter part of Article 37 of the Criminal Act should be judged simultaneously under Article 39 (1) of the Criminal Act and the principle of equity should be considered, etc. in favor of the defendant.
In addition, considering the Defendant’s age, sex, environment, motive and circumstance of the crime, and the circumstances after the crime, etc., the lower court’s punishment is too heavy or is not unreasonable because it is too heavy. Therefore, the Defendant and the prosecutor’s assertion are without merit.
3. As such, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is ex officio pursuant to Article 25(1) of the Rules on Criminal Procedure, following "the defendant of the judgment below / [criminal records] was sentenced to three years of imprisonment for fraud, etc. at the Seoul Central District Court on January 27, 2014."
9. 24. It is so decided as per Disposition by adding "the judgment becomes final and conclusive".