The judgment of the court below is reversed.

The defendant shall be exempted from punishment.

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (four months of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. The crime of this case is an unfavorable circumstance, such as the following: (a) the fact that the Defendant tending the document as if he were to take occupancy of the entire loan and acquired the loan from the damaged person; (b) the criminal quality is not good in light of the details and method of the crime; and (c) the amount that the Defendant acquired by the damaged person (39.2 million won) is not considerable; (d) the Defendant had the history of having been punished several times for the same crime; and (e) the Defendant did not agree with the injured person or take any measures to recover damage until the in

On the other hand, it is advantageous to the fact that the defendant properly recognizes and reflects his mistake, and that equality is to be taken into account with the case where the defendant has rendered a final judgment at the same time as the final judgment (total of four years and three months judgment) recorded in the first criminal facts of the original judgment, and that the crime of this case was committed at the same time similar to the criminal facts of the above final judgment.

In addition, in full view of the circumstances of the crime of this case, the circumstances after the crime of this case, the age of the defendant, sexual conduct, environment, etc., the punishment of the defendant sentenced by the court below is too unreasonable.

3. In conclusion, the judgment of the court below shall be reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal shall be ruled again as follows (as long as the defendant's appeal is accepted, the prosecutor's appeal shall not be dismissed separately). [Judgment which is used again] Summary of facts constituting an offense and evidence recognized by the court as the gist of facts and evidence are as stated in each corresponding column of the court below (Article 369 of the Criminal Procedure Act). The application of statutes is as follows.

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;