A defendant shall be punished by imprisonment for four months.

However, the above punishment shall be imposed for a period of one year from the date this judgment becomes final.

2. The Defendant: (a) forged a bank transaction application and loan transaction agreement in the name of the victim’s family member B; and (b) exercised the same.

Through the forgery of the above private document and the crime of these events, several lending companies received a loan from the victim in the name of B and acquired it by fraud.

The criminal liability of the defendant is not easy to say.

However, the Defendant is an initial criminal who had no record of criminal punishment prior to the instant crime, and all of the instant crimes are recognized, and his mistake is repented in depth.

The defendant seems to have caused the crime of this case in order to prepare living expenses due to economic difficulties.

The agreement was reached with B as the name of the forged private document for the first time.

There is a family to support the accused, and if the accused is detained, it is likely to involve excessive difficulties for the dependent.

In addition, considering the Defendant’s age, sex, environment, the background and motive leading up to the instant crime, the means and consequence of the instant crime, and all of the sentencing conditions shown in the records and arguments, such as the circumstances after the crime, the lower court’s punishment against the Defendant is too unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is reasonable, and the following decision is rendered after pleading.

Criminal facts

The summary of the evidence and the facts charged against the defendant recognized by the court and the summary of the evidence are the same as the stated in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 231 of the Criminal Act applicable to the crime and Article 231 of the choice of punishment (the point of Article 231 of the Private Document, the choice of imprisonment), Articles 234, 231 of the Criminal Act (the point of exercising the above investigation document, the choice of imprisonment), and Article 347(1) of the Criminal Act (the point of fraud, the choice of imprisonment, etc.).