The judgment of the court below is reversed.

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

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

2. In light of the fact that the Defendant committed the instant crime in the course of committing the crime of fraud, such as forging and using the official document and private document, the nature of the crime is very poor, the Defendant committed the instant crime even though he was under the suspension of execution due to the same type of fraud, and the Defendant had the same criminal record and three times of fraud, it is inevitable to severely punish the Defendant.

However, in light of the Defendant’s agreement with the victim D and the Dispute Resolution Co., Ltd., and the Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., and all of the sentencing conditions in the instant pleadings and records, the sentence imposed by the lower court is too heavy.

The decision is judged.

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 with merit, and the judgment below is reversed and it is again decided as follows

Criminal facts

The summary of the evidence and the facts charged by the defendant and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347 (1) of the Criminal Act (the point of fraud), Article 231 of the Criminal Act (the point of Article 231 of the Criminal Act), Article 225 of the Criminal Act (the point of Article 225 of the Criminal Act), Articles 234 and 231 of the Criminal Act (the point of exercising the aforementioned investigation document) of the Criminal Act, Articles 229 and 225 of the Criminal Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (only between the crime of engaging in a forged official document and the crime of engaging in a falsified document);

1. Selection of punishment, fraud, and fabrication of private documents, shall be punished by imprisonment;

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