The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

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

1. The sentence of the lower court (one-year imprisonment) is too unreasonable as to the gist of the grounds for appeal.

(A) The Defendant, at the first trial date, withdrawn the allegation of misunderstanding the facts and misapprehension of the legal principles stated in the petition of appeal.

2. Circumstances unfavorable to the defendant are as follows.

The amount obtained by deceit of the instant fraud crime is the maximum amount of KRW 100 million.

The crime of attempted fraud of this case is not likely to be committed with the intention of deceiving the court by deceiving the dividend by accompanying document forgery.

The Defendant caused a traffic accident while driving under the influence of alcohol, and the degree of injury of the victim is not somewhat weak.

Even in 2006, the defendant has been sentenced to a fine by causing a traffic accident while driving under drinking.

Circumstances favorable to the defendant shall be as follows:

The Defendant recognized all of the crimes of this case for the first time, and is against the law.

On the other hand, the Defendant agreed to pay the full amount of damages to the victim of the instant fraud crime and to have only agreed to do so.

The crime of attempted fraud of this case was committed, and no particular damage was inflicted on the attempted crime.

The Defendant also agreed with the victim of the traffic accident.

The defendant's blood alcohol concentration among the blood of this case is low.

There is no criminal record that the defendant was punished for committing a crime of fraud and document forgery, and there is no record of punishment exceeding the fine.

In addition to the above circumstances, considering the records of this case and all of the sentencing conditions shown in the previous theories, such as the character, conduct, career, environment, background and result of the crime, etc. of the defendant, the sentence of the court below is too unreasonable.

Defendant’s assertion is with merit.

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 reasonable, and the judgment below is reversed and it is ruled again as follows.

[Judgment] The facts constituting an offense and summary of evidence recognized by the court and the evidence related thereto.