The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

The sentencing of the court below (one year of imprisonment) is too unreasonable because of the summary of the grounds for appeal.

There is a disadvantage to the defendant, such as that the amount of damage caused by appeal is up to 59 million won, and that the defendant has shared an essential action to obtain a loan by acting as a lessor in a fraudulent manner, which is disadvantageous to the defendant.

However, in full view of all the sentencing circumstances in the records and arguments, including the defendant's age, sexual conduct, environment, motive and circumstance of the crime, means and consequence of the crime, etc., the punishment imposed by the court below is too unreasonable, since it is recognized that the punishment imposed by the defendant is too unreasonable, since the defendant's above argument of the above unfair sentencing is justified.

Thus, the defendant's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is decided again after pleading as follows.

[Grounds for a new judgment] The facts constituting an offense and summary of evidence recognized by the court and the summary of evidence are as stated in the corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347 of the Criminal Act applicable to the crime, Articles 347 (1) and 30 of the Criminal Act, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspension of execution ( considered as favorable circumstances in determining the grounds for appeal);