The judgment of the court below is reversed.

Defendant shall be punished by a fine of three million won.

The above fine shall not be paid by the defendant.

1. The penalty of a fine of KRW 6 million imposed by the court below is too unreasonable.

2. Prior to the judgment on the grounds of appeal by the defendant, the defendant was sentenced to imprisonment for eight months with prison labor by the Daegu District Court on May 14, 2020 and the above judgment became final and conclusive on July 1, 2020 is significant in this court.

Thus, the crime of forging private documents and the crime of this case for which judgment became final and conclusive are concurrent crimes under the latter part of Article 37 of the Criminal Act, and after examining whether to reduce or exempt punishment in consideration of equity in the case of concurrent judgment pursuant to Article 39(1) of the Criminal Act, the punishment shall be determined. Therefore, the judgment of the court below cannot be maintained any more.

3. Accordingly, the judgment of the court below is reversed under Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by this court is as follows: "The defendant was sentenced to the punishment of eight months for the crime of forging private documents at the Daegu District Court on May 14, 2020 and the above judgment became final and conclusive on July 1, 2020" in the first head of the facts charged in the judgment of the court below, except for adding "B" and "1. The defendant's trial statement at the trial court at the court below at the same time as the corresponding column of the judgment of the court below," and therefore, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 231 of the Criminal Act, the choice of punishment for the crime, Articles 234 and 231 of the Criminal Act, and the choice of fines, respectively;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act requires the provisional payment order under Articles 70(1) and 69(2) of the Criminal Act.