The judgment of the court below is reversed.

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.

1. The decision of the court below on the gist of the grounds for appeal is too unreasonable.

2. The crime of this case committed by forging the lease contract and presenting it to the credit service provider, and then borrowing money as security without the ability to repay it, and the nature of the crime of this case is not weak.

Nevertheless, considering the fact that the Defendant did not make any effort to recover damage in the lower court, it is necessary to strictly punish the Defendant.

However, in full view of the fact that the defendant had no criminal records at the time of the crime of this case, the defendant committed the crime of this case, the defendant committed the crime of this case against the wrongness, the defendant agreed with the victim Eul and deposited part of the amount of damage to the victim E, the defendant could have been tried together with the previous conviction in the judgment that became final and conclusive, and other factors such as the defendant's age, character and conduct, environment, motive and circumstance leading to the crime of this case, circumstances before and after the crime of this case, family relationship, health condition, etc., the punishment imposed by the court below is deemed unreasonable, and therefore the defendant's assertion is justified.

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 evidence admitted by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347(1) of the Criminal Act; Article 347(1) of the Criminal Act; Article 231 of the Criminal Act; Articles 234 and 231 of the Criminal Act; Articles 234 and 231 of the Criminal Act; the choice of imprisonment with labor for the crime;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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