The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, for a period of two years from the date this judgment becomes final and conclusive.

1. The lower court found the Defendant guilty of fraud, fabrication of private documents, misappropriation, obstruction of another’s exercise of rights among the facts charged in the instant case, and acquitted the Defendant on the fact of exercising a falsified document.

However, since both the defendant and the prosecutor filed an appeal against the guilty part, the verdict of innocence became final and conclusive and excluded from the judgment.

Therefore, the scope of this court's judgment is limited to the conviction part of the judgment below.

2. The gist of the grounds for appeal is that the court below sentenced one year to the defendant. In light of the various sentencing conditions in this case, the prosecutor asserts that the court below's punishment is too uneasible and unfair, and the defendant asserts that the sentence of the court below is too unreasonable.

3. We examine the Defendant and the prosecutor’s argument on the grounds of appeal on the grounds of unfair sentencing at once.

Although the Defendant had been sentenced to a fine of KRW 2 million due to fraud, he/she again commits the same kind of crime. The total amount of damages incurred by each of the instant crimes is KRW 140 million and has not been fully recovered, and the fact that no agreement has been reached with the victim COS Capital Co., Ltd. is an unfavorable reason for sentencing against the Defendant.

However, in full view of the following circumstances: (a) the Defendant recognized all of the instant offenses; (b) there is no particular criminal force except for the punishment imposed by a fine for the violation of the Act on the Guarantee of Automobile Accident Compensation; (c) the Defendant and his family members do not want the Defendant’s punishment by mutual consent with the victim C; (d) the Defendant and their family members repaid KRW 33,771,623 out of the amount of damage to the victim C; and (e) other circumstances, such as the Defendant’s age, the motive and background, means and consequence of the commission of the crime; and (e) the circumstances after the commission of the crime, etc., the sentence imposed by the lower court may be determined to be unreasonable.