The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The prosecutor of the misunderstanding of the legal doctrine re-prosecutions the facts charged of the instant case on a separate basis after filing a summary indictment against the Defendant, which constitutes abuse of the right of prosecution by arbitrarily exercising the right of prosecution.

B. Fact-misunderstanding (the attempted part of fraud) that the Defendant forged a payment note, but only stated the actual amount of credit he thought to exercise legitimate rights in the payment note, and there was no intent to assert false claims through a forged payment note. Therefore, the Defendant had the intent to commit fraud.

subsection (b) of this section.

Nevertheless, the judgment of the court below which found the defendant guilty of this part of the facts charged is erroneous.

(c)

The punishment sentenced by the court below (six months of imprisonment, two years of suspended sentence) is too unreasonable.

2. Determination

A. The summary of the facts charged by a public prosecutor on the assertion of misunderstanding of legal principles is that “the defendant forged a letter of confirmation of facts in the name of C, G, and exercised it to a public official while filing an application for provisional seizure against C and G,” and in light of the content of the forged document, its title holder, and the content of the use of forged document, it cannot be deemed that the facts charged in the instant case and the basic facts are the same.

B. At the time of February 20, 2019, a summary indictment date, the Defendant submitted a written confirmation of the forged facts and submitted a provisional attachment application. In a case where the Defendant deceptioned the court by submitting a forged payment form to bring a civil action against C by means of a lawsuit against C, etc., the aforementioned summary indictment was around February 26, 2019, which was after the summary indictment, and thus, the prosecutor’s subsequent indictment on May 29, 2019 cannot be viewed as an arbitrary exercise of the right of prosecution.

The defendant's assertion of misapprehension of the legal principles is without merit.

B. The manipulation of evidence as stated in the litigation fraud as to the assertion of mistake of fact means the creation of a false disposition document, etc.