The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the period of three years from the date this judgment became final and conclusive.

1. The decision of the court below (one year and six months of imprisonment) on the gist of the grounds of appeal is too unreasonable.

2. We examine the judgment of the court below. The case where the defendant's liability is not less than 10 million won when considering the factors of sentencing unfavorable to the defendant, as stated in the judgment of the court below. However, the fraud of this case was committed against the victim D1, and all the behavior such as forging documents and uttering, or misrepresenting the prosecution investigator or prosecutor, etc. In the court below, the victim D paid 410 million won to the victim D at the stage of the court below, and the victim D submitted an application for the payment of additional KRW 100 million to the defendant at the court below, and the victim D submitted an application for the payment of 10 million won to the defendant at the court below. The substantial part of the acquired amount appears to have been put in the operation of the defendant's business at the court below, the defendant's depth is against the defendant's crime, the defendant's family members' solid relationship in the form of the defendant's family during the recovery of damage, the defendant's age and circumstances, and the circumstances, the circumstances and the result of the crime in this case.

3. According to the conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is well-grounded, and the following is ruled again after pleading.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description 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 347 (1) of the Criminal Act (the point of fraud), Article 231 of the Criminal Act (the point of the same Article as private document), Articles 234 and 231 of the Criminal Act concerning the facts constituting an offense;

1. Commercial concurrence;