The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

1. The sentence imposed by the court below on the defendant (three years of imprisonment) is too unreasonable.

2. The Defendant’s strict punishment is inevitable in light of the following: (a) the nature of each of the instant crimes in light of the form of each of the instant crimes and the amount of damage, etc.; and (b) the victim’sO was not agreed upon.

However, considering all of the sentencing conditions such as the defendant's age, sex, environment, motive, means and consequence of the crime, etc., the sentence of the court below is too unreasonable, in light of the following: (a) the defendant has no record of punishment exceeding the same kind of or suspended execution; (b) the victim L, E, and N is agreed upon; and (c) the defendant appears to have repaid 4 million won to the victimO in the trial; and (d) other sentencing conditions such as the defendant's age, sex, environment, motive, means and consequence of the crime.

3. As such, 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 defendant's appeal is again decided as follows.

Criminal facts

및 증거의 요지 이 법원이 인정하는 범죄사실 및 증거의 요지는 원심판결 제 7 면 제 14 행의 ‘ 위�’ 을 ‘ 위조한 ’으로 고치는 것 외에는 각 해당 란 기재와 같으므로, 형사 소송법 제 369조에 따라 이를 그대로 인용한다.

Application of Statutes

1. Relevant legal provisions for criminal facts, Articles 347(1) and 30 of the Criminal Act for the choice of punishment (the fraud against the victim L), Article 347(1) (the fraud against the victim E, N, andO) of each Criminal Act, Article 231 of each Criminal Act (the fact of fraud against the victim E, N, andO), Articles 234, 231, 231, and 30 of the Criminal Act (the fact of exercising the above investigation document with regard to a forged cash payment certificate) of the Criminal Act, Articles 234, 231 (the fact of exercising the above investigation document against the forged cash payment certificate), Article 234, and 231 of the Criminal Act (the fact of exercising the above investigation document against the forged balance certificate), each choice of imprisonment

1. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 (Punishments and Punishments) of the Criminal Act for the aggravation of concurrent crimes shall be the penalty provided in the crime of fraud against victim N with the largest penalty.