The judgment of the court below is reversed.

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

Seized evidence 1 or 3 shall be confiscated.

1. The determination of the gist of the grounds for appeal (the amount of imprisonment with prison labor for one year and six months, and confiscation (Evidence 1 to 3)) is unreasonable;

2. The judgment below is within the recommended range of punishment according to the annexed sentencing guidelines (at least one year and six months of imprisonment).

Although considering the initial crime, reflectivity, partial damage compensation and agreement, the punishment was imposed in consideration of the circumstances before and after the crime, the attitude of deception, the amount of damage, etc.

However, the defendant submitted to the appellate court data that he paid the victim additional KRW 35 million to the victim.

They want the wife. They want to be the wife.

In addition, if we review the sentencing factors, the amount of the original sentence is somewhat inappropriate.

3. The appeal by the defendant is justified.

Pursuant to Article 364 (6) of the Criminal Procedure Act, the judgment of the court below shall be reversed and it shall be judged again after pleading

Criminal facts

Criminal facts and the summary of evidence recognized by this court are as shown in the corresponding column of the judgment of the court below.

Article 369 of the Criminal Procedure Act is quoted as it is.

Application of Statutes

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, Articles 347 (1), 32 (1) (the point of false aiding and abetting a punishment), 225 of the Criminal Act, and Article 229 of the Criminal Act concerning the choice of punishment (the point of uttering of forged official document);

1. Articles 32 (2) and 55 (1) 3 of the Criminal Act to be legally mitigated;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Article 48(1) of the Criminal Act for forfeiture (the original court has forfeited subparagraphs 1 through 3 of the seized evidence, but evidence 2 of the same subparagraph shall not be returned and confiscated);