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 main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (one year of suspended sentence in six months of imprisonment) is too unreasonable.

2. The judgment of the court below committed the crime of defraudation by using a document altered by the defendant, which is disadvantageous to the nature of the crime, on the other hand, the defendant made a confession of the crime, and the defendant made a repayment of KRW 4.9 million from the victim. The defendant's assertion that there is a continuous transaction relationship between the defendant and the victim. Considering the favorable circumstances such as the defendant's age, character and conduct, environment, the circumstances of the crime in this case, the method of the crime in this case, the result, the circumstances after the crime, etc., as well as various other circumstances that are conditions of sentencing as shown in the records and arguments, the punishment imposed by the court below is too unreasonable. Thus, the defendant's assertion is justified.

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

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, Article 347 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition (mutual between the crimes of uttering of private documents by alteration);

1. Selection of each alternative fine for punishment;

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

1. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;