The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for six months) that the court below sentenced against the defendant is too unreasonable.

2. The facts that the crime of this case was committed by deceiving the victim by forging or falsifying the document in a planned manner, and that the crime of this case is very poor in the quality of the crime, and that the victim or D's damage has not been restored to a considerable part, etc. shall be considered disadvantageous to the defendant.

그러나 피고인이 이 사건 범행을 시인하면서 반성하고 있는 점, 피고인이 가족의 도움을 받아 이 사건 범행으로 인한 피해의 일부라도 회복시키기 위하여 2,000만 원을 마련하여 D에게 건넸고, D가 피해자에게 피해금 6,500만 원 중 4,000만 원을 지급한 것으로 보이는 점, 판결이 확정된 사기죄와 함께 판결받았을 경우와의 형평성, 그 밖에 피고인의 연령, 성행과 환경, 범행 동기나 경위, 수단과 결과, 범행 전후 정황 등 기록과 변론에 나타나는 양형의 제반 조건들을 고려하면, 원심의 형량은 다소 무겁다고 판단된다.

3. Accordingly, 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.

Criminal facts

The summary of the facts charged and the summary of the evidence to be explained by the court is the same as that of each corresponding column of the judgment below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and the choice of punishment for the facts of crime under Article 231 of the Criminal Act (the modification of private documents and the aid of private documents), Articles 234, 231 (the use of private document and the display of private document altered), and 347 (1) of the Criminal Act, and the choice of imprisonment with prison labor;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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