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1. The judgment below is reversed.
2. The defendant shall be punished by imprisonment for one year;
Reasons
1. The sentence imposed by the court below on the defendant (two years of imprisonment) is too unreasonable.
2. The judgment of this case has reached a large amount of KRW 200 million, the defendant was punished for the same kind of crime, the fact that the defendant did not agree with the victim is disadvantageous to the defendant; however, the defendant is recognized as all of the crimes of this case; the victim has loaned money to the defendant for a long time despite being aware that the defendant is playing interest, and the defendant has been paying part of interest (Evidence No. 12 pages); the defendant has cut his leg to the defendant due to defoliants after defoliants and urology; the husband of the defendant cutting his leg to the person who has rendered distinguished services to the State in the Vietnam War; the health is not good; the defendant needs to support the defendant; on October 26, 2013, the decision of recommending reconciliation that the defendant and the defendant would jointly and severally pay KRW 210,00,000 to the victim (the Changwon District Court Decision No. 2013Ga1235), the defendant's age, the defendant's environment and character, the circumstances of the crime of this case, and the following circumstances.
3. If so, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following is ruled again after pleading.
Criminal facts
The summary of facts and evidence recognized by the court is the same as that of each corresponding column 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 applicable to the facts constituting an offense (the point of fraud), Article 231 of the Criminal Act (the point of aiding and abetting Private Document), Articles 234 and 231 of the Criminal Act (the point of uttering of Private Document), Article 257(1) of the Criminal Act (the point of injury).