We reverse the judgment of the first instance court.

A defendant shall be punished by imprisonment for a term of one year and eight months.

1. The sentence sentenced by the first instance court (two years of imprisonment) on the summary of the grounds for appeal (unfair sentencing) is too unreasonable.

2. In light of the circumstances favorable to the Defendant indicated in the column for sentencing “reasons for sentencing” in the judgment of the first instance, the public auction procedure for the loan held by the Defendant against the Defendant was conducted in the appellate trial, and the circumstances in which the victim’s loan to the Defendant was distributed in KRW 182,430,327 are added to the Defendant’s age, sex, environment, family relationship, motive, means, and consequence of the crime, and other circumstances constituting the conditions for sentencing, such as the Defendant’s age, sex, environment, family relationship, motive, means, and consequence of the crime, the sentence imposed by the first instance court is unreasonable.

Therefore, we accept the above unfair argument of the defendant's sentencing.

3. As the appeal by the defendant is well-grounded, the judgment of the court of first instance is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is again decided after pleading.

In other words, the criminal facts of the defendant and the summary of the evidence recognized by the court are as stated in the corresponding column of the judgment of the court of first instance, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 225 of the Criminal Act (a point of alteration of official document), Articles 229 and 225 of the Criminal Act (a point of uttering of modified official document) concerning the facts constituting an offense, and Article 347 (1) of the Criminal Act (a point of fraud);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

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;