A defendant shall be punished by imprisonment for not less than eight months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

2. In the instant case, the Defendant’s application for voluntary auction of the land and building owned by the victim based on false loan certificates and collateral security is deemed to have obtained profits equivalent to KRW 84,115,676 of the successful bid price by obtaining a decision on the commencement of auction of real estate and the decision on seizure, and the nature of the crime is not good. Such fraud of a lawsuit is an unfavorable circumstance, such as the fact that there is a need for strict punishment because not only causes property damage to the other party, but also may undermine the people’s trust

However, when the defendant made a confession of the crime of this case in the first instance, the defendant made his mistake against himself, and the defendant made an original agreement with the victim when he was in the first instance, and the victim complained of the defendant's wife, there are circumstances to consider the circumstances in relation to the crime of this case, and the victim seems to have been partially responsible for the occurrence of damage. The defendant has no record of criminal punishment prior to the crime of this case, and the defendant's health status is not good.

In addition to the above circumstances, considering the defendant's age, sexual conduct, environment, motive, means and consequence of the crime of this case, circumstances after the crime, crime records, and all the sentencing conditions in the previous theory, the punishment sentenced by the court below is unreasonable.

3. As a result, the appeal by the defendant 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 again decided as follows after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court as well as the summary of the evidence falls under each of the lower judgment, except for the addition of “the Defendant’s trial testimony” to “a summary of the evidence.”