The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

except that, for two years from the date this judgment becomes final and conclusive.

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) of the lower court is too unreasonable.

2. Although the victim did not pay the rent at all after leasing the instant real estate, he/she evaded compulsory execution by using a forged lease contract as stated in the facts constituting a crime, even though the victim filed a transfer lawsuit against the Defendant and obtained a final and conclusive judgment in favor of him/her, the crime is considerably poor in light of the circumstances, means and methods of the crime, the degree of damage suffered by the victim, etc.

However, in full view of the following factors: (a) the Defendant did not want the punishment of the Defendant in the first instance trial by mutual consent with the victim; (b) the Defendant recognized the Defendant’s entire criminal acts in the first instance trial; (c) the real estate of this case was delivered to the victim before the pronouncement of the lower judgment; (d) the Defendant did not have any previous criminal record; and (c) the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime; and (d) all of the sentencing conditions in the process of the instant records and trial, such as the circumstances after the crime

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

【Grounds for the Judgment of the court below, 【The facts constituting a crime and the summary of the evidence admitted by the court below, and the summary of the evidence as to the facts constituting a crime and the summary of the evidence, are the same as the corresponding column of the judgment of the court below, except where “1. The defendant’s partial statement” in the summary of the evidence of the court below is deemed “1. The defendant’s oral statement” as “the

Application of Statutes

1. Relevant Article 231 of the Criminal Act, the choice of punishment for the crime, Articles 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, Article 327 of the Criminal Act, and Article 10 of the Criminal Act, respectively.