The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

Summary of Grounds for Appeal

The punishment of the court below against the accused (eight months of imprisonment) is too unreasonable.

Judgment

Although the crime of this case is not easy in light of the method of crime, the amount of fraud, etc., the defendant did not have any specific criminal record, on the other hand, the defendant agreed with the victim in the trial, paid 3 million won damage to the victim, repaid his obligation in accordance with the rehabilitation plan, and repaid his obligation in accordance with the rehabilitation plan. The defendant's work in a public corporation is ex officio dismissal when he is sentenced to imprisonment without prison labor or heavier punishment, and all other conditions of punishment as shown in the records and arguments of this case, including the defendant's age, character and behavior, environment, criminal background, circumstances after the crime, etc., are inappropriate.

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

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment of the court 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, and Article 347 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (mutual crimes of uttering of private documents for each alteration);

1. Selection of each alternative fine for punishment;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.