The judgment of the first instance is reversed.

A defendant shall be punished by imprisonment for six months and a fine for 4,000,000 won.

The above fine shall be imposed on the defendant.

1. The summary of the grounds for appeal (e.g., indual) of the first instance court's punishment (e., in six months of imprisonment and fine of four million won, and one year of the suspended execution of imprisonment) is too unfeasible in light of the fact that the Defendant committed the instant crime during the period of suspended execution due to the fabrication of a private document.

2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the first instance court found the defendant guilty of all the facts charged in this case, and stated only Article 5 (1) 3 of the Criminal Act, which is a provision for discretionary mitigation of imprisonment with prison labor, in determining the punishment, and did not state Article 55 (1) 6 of the Criminal Act, which is a provision for discretionary mitigation of fines, with respect to a fine that is a provision for discretionary mitigation of fines pursuant to Article 5 of the Illegal Check Control Act, which is a provision for discretionary mitigation of fines, with regard to a fine that is concurrently imposed as necessary pursuant to Article 5 of the Criminal Act. Unless there exist any grounds for deeming that the first instance court has reduced the amount of a fine by discretionary mitigation of fines, this is unlawful because the fine imposed in a case where the punishment is to be imposed concurrently with imprisonment with prison labor is to be imposed within the scope of discretionary mitigation and discretionary mitigation,

In addition, according to Article 6 of the Illegal Check Control Act, when a fine is imposed in accordance with the above Act, the first instance court failed to issue a provisional payment order in accordance with Article 334(1) of the Criminal Procedure Act, and thus, the first instance court becomes unable to continue to maintain the first instance judgment in two respects.

3. According to the conclusion, the first instance judgment is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the prosecutor’s allegation of unfair sentencing, on the grounds of ex officio reversal, and it is again decided as follows.

Criminal facts

The summary of facts constituting a crime and evidence recognized by the court is stated in the corresponding column of the judgment of the court of first instance.