The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

1. The decision of the court below (one year and six months of imprisonment) on the gist of the grounds of appeal is too unreasonable.

2. Determination of the crime of fraud of this case is the total amount of 50 million won; the defendant prepared and exercised a commercial sales contract, which is a private document with respect to the rights and obligations by acquiring qualification in the course of committing the crime of fraud, the nature of the crime and the attitude of the crime is very not good; five times the defendant had the same type of fraud, and two times of which are the criminal records of suspended execution, etc. are disadvantageous to the defendant.

However, in light of the fact that the defendant agreed with the victim while recovering material damage in the trial of the party, the defendant's age, sexual conduct, environment, motive, means and consequence of the crime in this case and all of the sentencing conditions in the records, such as the circumstances after the crime, etc., the sentence imposed by the court below is too heavy.

The decision is judged.

3. According to the 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 well-grounded, and the following is ruled again after pleading.

Criminal facts

The summary of the evidence and the facts charged by the defendant and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act, Article 347(1) of the Criminal Act (the fraudulent point), Article 232 of the Criminal Act (the preparation of private documents for qualification) concerning the crime, Articles 234 and 232 of the Criminal Act (the use of private documents prepared for qualification) and the selection of imprisonment for each of the following categories;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;