The judgment of the court below is reversed.

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

1. The decision of the court below on the gist of the grounds for appeal (one year and four months of imprisonment) is too unreasonable.

2. The instant crime was committed by forging and using a receipt to obtain insurance premiums from the victim. As such, since the crime of this case was committed with an interview and a receipt to obtain money from the victim, the nature of the crime is inferior, and even if the damage is not significant, the Defendant did not compensate for the damage up to the trial, it is inevitable to

However, in full view of the fact that the defendant, as the first offender's family principal father who has no record of punishment, has committed a serious crime against the victim while pursuing a serious death, above all, the defendant's health is not very good as it is regularly receiving out-of-the-counter treatment due to sexual intercourse in the detention house, and other conditions of sentencing as shown in the records, such as the defendant's age, character, conduct and environment, the sentence of the court below seems to be somewhat unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

Criminal facts

The summary of the facts of the crime and the evidence admitted by this court is as follows: (a) except for the correction of the "New Sceas Insurance" in the third sentence of the facts of the crime of the judgment below as "New Sceas Insurance"; and (b) " February 24, 201" in the date and time of the crime No. 2 of the attached Table No. 2 of the crime as " August 24, 2011" as "each corresponding part of the judgment below is the same, and therefore, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347(1) of the Criminal Act, the choice of punishment for the crime, Article 347(1) of the Criminal Act ( comprehensively including fraud, Article 231 of the Criminal Act), Article 231 of the Criminal Act (the point of each private document), Articles 234 and 231 of the Criminal Act, and the choice of imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;