The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

The gist of the grounds for appeal by the defendant is that the defendant is against the defendant, the amount of profit acquired by the defendant in this case is 11,00,000 won, and efforts are made to recover from damage. In light of the circumstances, the punishment for six months of imprisonment sentenced by the court below is too unreasonable.

In light of the circumstances such as ① a crime by which many people conspired to make a false document such as a certificate of employment and a lease contract, and by using it, the crime is inferior, ② the fraud amount of this case reaches KRW 50,000,000, ③ the defendant who has made a false lessor's own acquisition of KRW 11,00,000, out of the above fraud amount. However, up to the trial, the defendant's endeavor to pay damages up to the trial does not reach the amount of profit recognized by the defendant, ④ the defendant has been punished four times prior to the instant case, and among them, the records of criminal punishment are included in the records of criminal fraud like the instant case.

However, in light of various circumstances, such as the Defendant’s confession and reflect on the crime, the amount of profit acquired by the Defendant in this case is remarkably smaller than KRW 50,00,00,000, and deposited KRW 7,000 for the victim at the time of the trial, and the crime in this case is concurrent crimes under the latter part of Article 37 of the Criminal Act, and the Defendant’s age, character and behavior, intelligence and environment, relationship with the victim, motive, means and consequence of the crime, etc., the sentence imposed by the court below is unreasonable.

Therefore, since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following are followed.