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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
Reasons
. The defendant's sentence is inevitable in view of the fact that the contract form for a deposit is forged and the period of the crime exceeds three years and the amount of damage reaches about KRW 100,000,000, and that the payment of damage has not been made up to the present day.
However, there is no record of criminal punishment except that the defendant led to the confession of the crime of this case, driving under influence of alcohol, and C (State) which can be seen as the actual victim of the crime of this case also seems to have contributed to the expansion of damage of this case by neglecting the management of the company's funds. The recommended type according to the sentencing guidelines of the Supreme Court is from 1 to 3 years, and 6 months (the decision of type] below 100 million won in general fraud: (1) where the crime of this case is committed repeatedly over a considerable period, (2) where the law of the number of crimes of this case is very poor, (3) even though the above negligence of C (State) seems to have been considered as a special sc (State).
[Scope of Recommendation] In full view of the various sentencing conditions shown in the argument of this case, including one year to three years, the sentence of the court below is somewhat inappropriate.
3. The decision of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is well-grounded, and the following decision is rendered again after pleading.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are the same as that of 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. Article relevant to the facts constituting an offense and the selection of punishment;
(a) The point of undermining private documents: Article 231 of the Criminal Act.
(b) The holding of the above investigation document;