A defendant shall be punished by imprisonment for four months.

2. Determination is based on the circumstances in which the defendant's mistake is recognized, there is no same kind of punishment or imprisonment without prison labor or more, and the defendant's request for the cancellation of a complaint was received by the head of the breastdong branch by making partial repayment to the victim bank in the trial at the trial. However, the nature of the crime is not very good (the sentencing criteria set by the Sentencing Committee under the jurisdiction of the Supreme Court are as follows: where the crime of forgery or alteration of a document is accompanied by the crime of forgery of a document in the course of committing fraud, the crime concerning the document is not treated as a multiple crime and is treated as a sentencing factor rather than a sentencing factor. In other words, in the case of this case (general fraud less than KRW 100 million), considering that the sentencing of recommendations falls under the case of "where the law on the crime of fraud is very poor," and thus, it is too unfair that the defendant paid the defendant's surety to the Korea Housing Corporation on behalf of the victim bank.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is judged again as follows.

[Judgment of the court below] The summary of criminal facts and evidence is the same as that of the judgment below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the crime.