The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

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

1. The defendant asserts that the grounds for appeal (unfair punishment) of the court below is too unreasonable because of the defendant's excessive punishment for four months, and the prosecutor asserts that the court below's punishment is too uneased and unreasonable.

2. In particular, the reasons for sentencing indicated in the argument and record of the instant case, in light of the following: (a) the Defendant paid the victim D Co., Ltd. amounting to KRW 5,44,510 and agreed with the above victim; (b) the Defendant deposited KRW 4,55,490, which is a part of the amount of damage for the victim B Co., Ltd. at the lower court; (c) the Defendant deposited the entire amount of damage remaining for the victim B Co., Ltd.; (d) the Defendant deposited the entire amount of KRW 9,671,950, which was punished for the crime; and (e) the Defendant has no record of punishment for the crime; and (e) the Defendant is

Therefore, the defendant's argument is reasonable, and the prosecutor's argument is without merit.

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

(3) Article 369 of the Criminal Procedure Act provides that “When an appeal by a defendant is reversed on the grounds that the appeal by the defendant is well-grounded, the prosecutor’s appeal shall not be dismissed.” (Reasons for multi-use judgment) Criminal facts and summary of evidence recognized by the court is identical to facts constituting an offense and summary of evidence as stated in the judgment below.”

Application of Statutes

1. Relevant provisions of the Criminal Act and Articles 231, 234, 231, and 347 (1) of the Criminal Act for the crime, each of the choice of punishment (the point of using a private document, the choice of imprisonment), and the choice of punishment (the point of fraud and the choice of imprisonment);

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

1. The reasons for sentencing under Article 62(1) of the Criminal Act shall be determined as per Disposition in consideration of the circumstances stated in Article 62(1) of the Criminal Act.