The judgment of the court below is reversed.

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

1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.

2. The Defendant has the following disadvantageous circumstances:

The defendant, in collusion with B, etc., has prepared a false real estate lease contract, etc. by pretending to be a lessee, and deceiving the victim who is a financial institution on the basis thereof, thereby deceiving the victim, and the crime is not good in light of the circumstances and contents of the crime.

Since the Defendant was in charge of a false tenant who is indispensable for the crime of this case, the degree of his participation cannot be deemed to be minor.

The amount of damage to the crime of this case exceeds KRW 240 million.

However, there are the following favorable circumstances for the defendant.

The defendant recognized the crime of this case and is against the law.

Prior to the crime of this case, the Defendant was punished for the same crime or was punished in excess of the fine.

The defendant does not seem to have led to the crime of this case.

There is no evidence suggesting that the defendant was divided even among the profits from the crime of this case.

The Defendant paid interest of KRW 14 million on a loan until June 7, 2019, and was exempted from KRW 4,903,871.

As a result, all damages caused by the instant crime were recovered.

In light of the sentencing conditions shown in the argument of this case, including the above conditions favorable to the defendant, the sentence imposed by the court below is too unreasonable.

Therefore, the defendant's above assertion is justified.

3. In 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 with merit.

[Discied Judgment] Criminal facts and summary of evidence recognized by this court.