The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

1. The abstract of the grounds for appeal that the original court's punishment (two-month imprisonment, two-year suspended execution, and one hundred and sixty-hours for community service) is too unreasonable;

2. The dismissal of judgment is not only an active violation of the national criminal justice function, but also a need for strict punishment because it causes the risk of criminal punishment to the other party who does not commit the crime.

However, in relation to the instant case, in full view of all the circumstances, including the following: (a) the Defendant’s use of the Defendant’s name in lending KRW 410 million to Dong L, and was declared bankrupt as the above loan obligation; (b) the Defendant recognized his criminal act at the latest after the date of the 6th trial of the lower court; and (c) the Defendant did not have any record of punishment on the grounds of age, character, conduct, occupation, environment, etc. of the Defendant, the punishment imposed by the lower court is somewhat unreasonable.

3. If so, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following is ruled again after pleading.

Criminal facts

The summary of the evidence and the criminal facts against the defendant recognized by this court and the summary of the evidence are the same as the stated in each corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act

Application of Statutes

1. Article 156 of the Criminal Act and Article 156 of the same Act concerning the applicable criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Articles 157, 153, and 55 (1) 3 (Confession) of the Criminal Act, which are statutory mitigation;

1. Article 62 (1) of the Criminal Act on the suspension of execution;