The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

(b) it is inevitable to sentence a sentence to the accused, taking into account the fact that one is not good in its nature and that it appears that full recovery of damage has not been achieved;

However, in full view of the following factors: (a) the Defendant appears to have committed a crime; (b) the Defendant deposited KRW 6 million prior to the pronouncement of the lower judgment; (c) the agreement with the victim in the first instance; (d) there was no record of having been sentenced to punishment for the same kind of crime or of having been sentenced to a suspended sentence or heavier punishment; and (d) other all the sentencing conditions specified in the instant pleadings, such as the Defendant’s age, sex, environment, family relationship, and the circumstances after the crime, the lower court’

Therefore, the defendant's above 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 on the grounds that the defendant's appeal is with merit, and the judgment below is ruled again after pleading as follows.

[Grounds for a new judgment] Criminal facts and summary of evidence recognized by this court and summary of evidence are as stated in the corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions of the Criminal Act, Article 347(1) of the Criminal Act ( comprehensively including frauds), Articles 231, 34(1) (Article 34 of the Criminal Act) of the Criminal Act, Articles 234 and 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, and each choice of imprisonment with prison labor;

1. The general areas of fraud in sentencing guidelines, which are set by the Supreme Court’s sentencing committee, prior to the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, and the general areas of general fraud (where the method of punishment is extremely poor: the number of factors to mitigate punishment is not high: the number of factors to mitigate punishment): From six months to one year and six months * When the crime of forging and uttering private documents is accompanied by the fraud crime, the crime of forging and uttering private documents shall not be treated as a majority crime and shall be reflected as a sentencing factor (many poor method of crime).

shall be determined by taking into consideration the order.