The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

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

Summary of Grounds for Appeal

The punishment sentenced by the court below (10 months of imprisonment) is too unreasonable.

2. The Defendant acquired approximately KRW 82 million from the victim C, and forged and exercised the victim D’s loan certificate.

However, the Defendant recognized the instant crime and is against the Defendant.

The defendant agreed with the victims during the trial, and the victims do not want to punish the defendant any longer.

The defendant has no history of criminal punishment.

In addition, considering the fact that all the sentencing conditions shown in the records and arguments of this case, such as the age, character and conduct, environment, motive, content, means and consequence of the crime, etc. of the defendant, compared to the original judgment, there is a change in the victim's failure to punish the defendant, the punishment sentenced by the lower court is too unreasonable.

The defendant's assertion of unfair sentencing is justified.

3. The judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to the description of each corresponding column of the judgment below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 231 of the Criminal Act, the choice of punishment for the crime, Articles 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, Article 347 (1) of the Criminal Act, and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act shall apply mutatis mutandis;

1. Prior to the grounds for sentencing under Article 62(1) of the Criminal Act, the sentence as set forth in the Disposition shall be determined by taking into account the various circumstances examined in the judgment on the Defendant’s allegation of unfair sentencing prior to the suspended sentence.