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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four months.
Reasons
1. The main point of the grounds for appeal is that the court below's imprisonment (six months of imprisonment) is excessively unreasonable.
2. Although there is a large number of criminal records in the judgment of the court below and there is a high possibility of criticism in that the defendant committed the crime of this case without being aware of the criminal facts in all the criminal facts as stated in the judgment of the court below, it is recognized that the punishment of the court below is somewhat heavy in consideration of the fact that the defendant committed the crime of this case, the defendant committed the crime of this case, by forging and using forged and misappropriations, such as the purchase goods in the name of C, D, the applicant for the purchase goods in the name of C, and the recipient confirmation, and the postage was returned out of the purchased goods, and the defendant deposited money equivalent to the amount of damage for C and D
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.
[Dao-written judgment] The criminal facts against the defendant recognized by the court and the summary of the evidence are as stated in the corresponding column of each judgment of the court below, and thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, Article 34 of the Criminal Act, Article 347 (1) of the Criminal Act and the choice of punishment for the crime
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;