A defendant shall be punished by imprisonment for one year.

However, the above punishment shall be imposed for two years from the date this judgment becomes final and conclusive.

2. According to the records, the amount of damage caused by the instant case is a large amount, and the nature of the crime is not less than that of the forgery of the document in order to conceal the crime of fraud. However, in full view of the following circumstances: (a) the Defendant confessions and objects to the instant crime; (b) the Defendant does not have any previous record; (c) the victim is not punished against the Defendant by mutual consent with the victim; and (d) the Defendant’s age, character and conduct, family environment, circumstances leading to the instant crime, and circumstances after the crime, etc., the sentencing of the lower court is deemed to be harsh.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

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

Application of Statutes

1. Relevant Article 347(1) and Article 30 of the Criminal Act, the choice of punishment for the crime, Articles 231 and 30 of the Criminal Act, Articles 234, 231 and 30 of the Criminal Act, Articles 234, 231 and 30 of the Criminal Act, and the choice of imprisonment for each sentence;

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

1. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act or more;