The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. The sentence imposed by the court below (ten months of imprisonment) is too unreasonable.

2. The Defendant committed the crime, such as fabrication of private documents, around February 2008 and February 2009, prior to the instant crime.

The crime of this case is nothing more than that of the crime in consideration of the economic form of the victim, etc. by forging or falsifying the certificate of borrowing the victim's name at will against the victim close to the Doo Association, and by taking money from the victim into account the economic form of the victim.

However, there is no history that the defendant was punished by a suspended sentence or heavier for the same crime, and the victim does not want the punishment for the defendant in addition to the deposit of 4 million won for the victim in the trial.

The Defendant committed the instant crime by committing a misunderstanding, and thus, did not repeat the crime.

There are circumstances in which the defendant is old and has to support his or her poor wife.

In addition, considering all of the sentencing conditions shown in the records and arguments, such as the character, conduct and environment of the defendant, the punishment imposed by the court below is too unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are the same as the entries in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347(1) of the Criminal Act, Article 347(1) of the Criminal Act, Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, Article 231 of the Criminal Act, Articles 234 of the Criminal Act, Articles 234 and 231 of the Criminal Act, Articles 234 of the Criminal Act, Articles 231 of the Criminal Act, Articles 231 of the Criminal Act, the choice of imprisonment for each of the following crimes:

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall apply to concurrent crimes;