The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

1. The lower court’s sentence (ten months of imprisonment and two years of suspended execution, and two hundred hours of community service order) against the Defendant as to the gist of the prosecutor’s appeal grounds is unreasonable.

2. The circumstances favorable to the defendant are recognized, such as the fact that the defendant made a confession of the crime of this case and reflects the mistake in depth, that the amount of gains actually acquired by the defendant through the crime of this case is 20 million won out of the sum of the amount obtained through the crime of this case, that the defendant has no record of the same crime, and that there is no record of criminal punishment exceeding the fine even for the crime of this case.

However, in collusion with B, the crime of this case is deemed to have been committed by deceiving the victim K by forging and using one letter of delegation of the transfer report, contract, and letter of delegation in the name of C, which is a private document, and by deceiving the victim S by forging and using one copy of the permit for trucking transport business in the name of the head of the Gun, which is an official document, and by deceiving the victim S through forging and using one copy of the permit for trucking transport business in the name of the captain, which is an official document, the crime of this case is heavy in light of the contents of the crime; the defendant is not obligated to agree with the victims; the defendant did not make any effort to recover the victims' damage; the defendant did not make any other effort to recover the victim's damage; and the court below's punishment against the defendant is deemed to be unfair because it is too unfford.

Therefore, the prosecutor's improper argument of sentencing is justified.

3. In conclusion, the prosecutor'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 it is again decided as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment below. Thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

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