The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the period of two years from the date this judgment becomes final and conclusive.

1. In light of the summary of the grounds for appeal (unfair sentencing) of this case’s sentencing conditions, the punishment of imprisonment with prison labor for 6 months and forfeiture imposed by the court below against the defendant is too unreasonable.

2. The judgment of this case is the case where the defendant, even though he borrowed money, deceivings the victims to acquire money in the name of the borrowed money, and uses forged a written lease contract in the process, although he/she does not have any intent and ability to repay the money.

On the other hand, the fact that there is no way to commit the crime, such as forging and using a lease contract document for the crime of fraud, and the fact that the amount of fraud is not much much, are disadvantageous to the defendant.

However, in full view of all other circumstances favorable to the defendant, including the circumstance and nature of the crime of this case, the defendant's age, educational background, career, sexual conduct, circumstances after the crime, etc., and the sentencing conditions specified in the records and arguments of this case, such as the fact that the defendant repents and reflects his mistake in depth through a prison life for more than two months, the first offender who has no record of the crime, the fact that an agreement with the victims was made in the trial, and the victims do not want the punishment of the defendant, etc., the sentence of the court below is somewhat unreasonable.

Therefore, the defendant's argument of sentencing is justified.

3. If so, the defendant's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided after pleading as follows.

[Grounds for a new judgment] The summary of facts constituting an offense and evidence against the defendant recognized by the court is identical to that stated in the corresponding column of the judgment below, and thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347(1) of the Criminal Act, Article 231 of the Criminal Act (the point of fraud), Article 234 of the Criminal Act, Article 234 of the Criminal Act, and Article 234 of the Criminal Act.