The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a year and a fine of KRW 300,000.

The above fine shall be imposed on the defendant.

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (one year of imprisonment and a fine of 300,000 won) is too unreasonable.

B. In view of the fact-misunderstanding (not guilty part) victim D consistently states that the amount of damage from the investigative agency to the court of the court below is KRW 3.85,00,000,000, and the objective evidence that is the output of the cafeteria is also submitted, the court below held the Defendant not guilty of the part exceeding KRW 700,000 out of the facts charged on the ground of the judgment, reliance on the Defendant’s statement without credibility, which affected the conclusion of the judgment by misunderstanding the facts.

2) The above sentence sentenced by the lower court is too unhued and unfair.

2. Determination

A. Prior to the judgment on each of the grounds for appeal by the Defendant and the prosecutor ex officio, according to the statement made by the Defendant at the court of first instance, the Defendant was sentenced to 6 months of imprisonment and 300,000 won for the charge of forging private documents at the Busan District Court on April 20, 2017, and the judgment became final and conclusive on April 28, 2017. As above, each of the crimes of forging private documents, etc. for which the judgment became final and conclusive and each of the crimes of this case is concurrent crimes under Article 39(1) of the Criminal Act, and the punishment for each of the crimes of this case is determined at the same time after Article 37 of the Criminal Act, taking into account the case and equity, so in this regard, the lower judgment cannot be maintained.

B. We examine the judgment of the court below on the prosecutor's assertion of mistake of facts, even if there are grounds for reversal of authority above, since the prosecutor's assertion of mistake is still subject to the judgment of the court

Examining the evidence of this case in detail in light of the records, the court below found that the defendant did not have paid cash to 700,000 won on the vehicle from the investigation stage.

As consistently asserted, the witness D.