A defendant shall be punished by imprisonment for not more than ten months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

2. In light of the following facts: (a) The necessity to punish the Defendant strictly is recognized in light of the following: (b) the Defendant defrauded the Victim C with KRW 40 million; (c) the Defendant forged the securities in the name of the Victim G with cerebral Bribery 2 disability to borrow money from others; (d) the nature of the crime is bad; and (e) the Defendant did not agree with the Victim G even before the trial; and (e) the Defendant did not agree with the Victim G.

However, in full view of the following factors: (a) the Defendant recognized each of the instant offenses; (b) the Defendant agreed with the victim C at the time of the trial; (c) the Defendant did not have any record of punishment for the same kind of crime before and after the instant offenses; and (d) other various sentencing conditions in the records and arguments, such as the Defendant’s age, family environment, and circumstances before and after the instant offenses, the sentence imposed by the lower court is somewhat unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 346 (6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

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 corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, Article 347(1) of the Criminal Act that provides for the choice of punishment (Fraud, choice of imprisonment), Article 214(1) of the Criminal Act, and Articles 217 and 214(1) of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (Special Consideration in favor of the defendant in the preceding sentence);