The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

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

1. The sentence of one year and eight months, sentenced by the court below, is too unreasonable.

2. The crime of this case is one of the crimes in which the defendant, by deceiving the victim, defrauds the victim of KRW 400 million, and is committed with false security by forging and using a lease contract in order to escape the victim from being urged to repay the borrowed money.

However, the Defendant did not have any record of being punished for the same crime in addition to the punishment of three times for the same crime, and at the court below, the Defendant paid the victim an amount equivalent to KRW 150 million, set up a collateral security on the land in the name of the Defendant, and made efforts to recover the damage of the victim by paying the deposit money of the apartment in which the Defendant resides, preparing a repayment contract, and providing a joint and several surety for the Defendant’s will. In the past, the Defendant paid the full amount of the damage and agreed with the victim.

Considering the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime, and all of the sentencing conditions indicated in the instant records, such as the circumstances after the crime, the sentence imposed by the lower court is somewhat unreasonable.

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 appeal by the defendant is well-grounded.

Criminal facts

The summary of the facts charged and evidence recognized by the court is identical to the corresponding column of the judgment of the court below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles 347(1) and 347(1) of the Criminal Act, Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, the choice of imprisonment with labor for the crime

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Code are the most severe punishment and punishment.