The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than five months.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (one year and three months of imprisonment) is too unreasonable.

2. The crime of this case is a very poor circumstance where the crime of this case was committed by forging and using a private document and deceiving the victim and deceiving the property. The defendant escaped abroad by avoiding the legal network of the Republic of Korea for a period exceeding 12 years after the crime of this case, and the victim seems to have suffered a long-standing pain due to related civil litigation, etc., in addition to direct damage from the crime of this case.

On the other hand, there are favorable circumstances, such as the fact that the defendant led to the confession of the crime of this case and reflects against the victim, the agreement was reached smoothly with the victim, C, which is the name of the above investigation document, does not want to be punished against the defendant, and the fact that the judgment should be considered at the same time with the case of the crime of forging private documents for which

In addition, in full view of the motive and background of the instant crime, means and methods, circumstances before and after the instant crime, and other circumstances such as the Defendant’s age, sex, career, environment, etc., the lower court’s punishment is deemed to be too unreasonable.

The above assertion by the defendant is with merit.

3. As the appeal by the defendant is well-grounded, the judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the judgment below is ruled again after pleading as follows.

[Grounds for the new judgment] The same as stated in the corresponding column of the judgment of the court below on the facts constituting a crime and the summary of evidence, thereby citing it as it is 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 fraud) and Articles 234 and 231 of the Criminal Act (the point of uttering of the aforementioned investigation document);

1. Selection of each sentence of imprisonment;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravation of Concurrent Crimes are as follows.