A. (1) Fact-misunderstanding (1) The Defendant’s assertion of fraud against the victim G, fabrication of private documents, and uttering of the above investigation document is only the fact that the Defendant sent the sample payment guarantee certificate produced by I to B upon request of B to create two sample copies of bank payment guarantee amounting to the face value of KRW 500 million for the purpose of raising the contract deposit required for the demolition work.

The Defendant stated from I that the instant letter of guarantee for the payment of this case was a sampling, and that G and Q would not be used in any other place.

Therefore, the Defendant did not in collusion with B by deceiving G, or did not intend to forge a private document or to use a falsified investigation document.

(2) The Defendant committed fraud against the victim P. The Defendant: (a) provided the fee to S with the belief that “the fee of 5% per 3 billion won (3 billion won if only a security is available) to the bank; and (b) paid the fee to S; (c) however, S did not pay the money promised to the victim with the wind that the Defendant did not comply with the Defendant’s promise; and (d) the Defendant did not intend to acquire the money of the victim.

B. Sentencing is not unfair, but unfair.

Even if the court below's sentence (six months of imprisonment) imposed on the defendant is too unreasonable.

2. Determination

A. (1) The following circumstances revealed by the evidence duly adopted and examined by the lower court regarding the fraud against the victim G, fabrication of private documents, and the uttering of the above investigation document, are admissible as evidence, i.e., ① the requirements set forth in Article 314 of the Victim G, M, and Q Criminal Procedure Act at the time of issuance of the instant payment guarantee certificate, and the statement is admissible as evidence.

The defendant consistently stated that the above letter of guarantee was not false in the issuance of the letter of guarantee of the payment of this case, and ② if the letter of guarantee of the payment of this case was a sample, the victim was 25 million won at the production cost or fee.