Defendant shall be punished by a fine of KRW 10,000,000.

3. The above fine shall not be paid by the defendant.

The punishment of the court below (one year of imprisonment) is too unreasonable.

2. The instant crime was committed by the Defendant with the qualification of the agent of B, a wife around June 2009, and prepared one copy of the apartment charter contract, which was committed as if he was the legitimate agent of B, and was committed as if he was the her, and by taking the said contract into account the lessee I, who was aware of the fact. The Defendant received the said contract from I as a deposit deposit money. The Defendant committed the instant crime with two criminal convictions, including the previous criminal convictions, and committed the instant crime during the period of repeated crime due to separate frauds, and even if the period for return of the deposit was set, the Defendant went on board the ship for about two years and went on the ship.

However, the Defendant recognized the instant crime and opposed to it, and agreed with the victim I in the trial, and B, a qualified person, wanted to be a prior wife against the Defendant.

In addition, considering the following circumstances, such as the Defendant’s age, character, conduct and environment, motive, means and consequence of the commission of the crime, the circumstances after the commission of the crime, etc., the lower court’s punishment is somewhat unreasonable.

Therefore, the defendant's argument is justified.

3. As such, the defendant's appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following judgment is rendered again.

Criminal facts

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

Application of Statutes

1. Relevant Article 232 of the Criminal Act, the preparation of private documents for the crime, Articles 234 and 232 of the Criminal Act, Article 347(1) of the Criminal Act, and Article 347 of the Criminal Act, respectively.