Part other than the costs of lawsuit shall be reversed.

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

(2).

2. The Defendant forged a private document under the J as if the victim J is a joint guarantor of the obligation to pay ready-mixeds, and acquired the money of 47 million won from the victim I by supply of ready-mixeds from the victim I.

In full view of the following facts: (a) the Defendant’s age, living environment, criminal records (two times a fine), circumstances leading to the instant case, and various conditions of sentencing as shown in the records and arguments, such as the fact that the Defendant agreed to pay the remainder of the unpaid amount to the Victim I Co., Ltd. for the first time; and (b) the Defendant’s age, living environment, criminal records (two times a fine for negligence); and

3. If so, the defendant's appeal is with merit. Thus, pursuant to Article 364 (6) of the Criminal Procedure Act, the part of the judgment below excluding the costs of lawsuit shall be reversed, and it shall be decided again after pleading as follows.

[Re-written judgment] The summary of criminal facts and evidence against the defendant recognized by the court is the same as that of the judgment below, and thus, it is also accepted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347(1) of the Criminal Act and Article 231 of the Criminal Act (the point of fraud) concerning criminal facts; Articles 234 and 231 of the Criminal Act; Articles 234 of the Criminal Act (the point of uttering of the above investigation document); and the choice of imprisonment, respectively,

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

1. The reasons for the reversal of the sentence under Article 62(1) of the Criminal Act are specified as the Disposition, taking into account the following circumstances into account.