The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

1. The sentence imposed by the court below on the defendant (eight months of imprisonment) is too unreasonable.

2. The defendant, by forging and using power of attorney in the name of victim E, prepared a false document of monetary loan agreement for use, and based on this, made a request for auction on the corporeal movables owned by the victim. The whole crime was not good, although it is recognized that the defendant did not agree with the victim, the defendant was led to the fact of the crime, and there is no other criminal record other than the defendant sentenced three times due to a minor crime. In the auction procedure, the defendant voluntarily voluntarily withdraws the auction in accordance with the victim's objection, then he voluntarily deposited 2 million won for the victim, the defendant's age, environment, character and conduct, motive leading to the crime of this case, and circumstances before and after the crime, etc., it is recognized that the court below's punishment is somewhat unreasonable, taking into account various circumstances that are conditions for sentencing as shown in the records and arguments of this case, such as the defendant's age, environment, character and conduct, motive leading to the crime of this case, etc.

3. In conclusion, the judgment of the court below is reversed pursuant to 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 evidence admitted by the court is the same as that 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 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, Article 228 (1) of the Criminal Act, Articles 229 and 228 (1) of the Criminal Act concerning facts constituting an offense (including the use of the original of an authentic deed), Articles 352 and 347 (1) of the Criminal Act;

1. The crimes of forging private documents in Articles 40 and 50 of the Criminal Act, which are concurrent crimes.