The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for two years from the date of the final judgment.

1. The sentence of the court below (six months of imprisonment) shall be too heavy.

2. The crime of this case is an element of sentencing unfavorable to the Defendant, which requires strict punishment for committing a criminal act by deceiving the court in the trial procedure, by preparing a notarial deed as if the Defendant had assumed a false obligation to F, and in collusion with F, reported the lien in the auction procedure based on the aforementioned false claim, and by applying for a decision of seizure and collection order to obtain dividends from the creditors of the Defendant, and received the decision.

However, there is no history that the defendant led to the confession and reflect of the crime, and that there is no history that the defendant has been punished heavier than the fine since 1990, and that the crime of this case is led by F, the mother of the defendant, and that the degree of the defendant's participation in the crime of this case is minor elements for sentencing favorable to the defendant.

In addition, considering the various factors of sentencing under Article 51 of the Criminal Act, such as the age, character, conduct and family relationship of the defendant, the sentence of the court below is too unreasonable.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The summary of the evidence and the facts charged by the defendant and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below.

Application of Statutes

1. Relevant legal provisions concerning facts constituting an offense, Articles 352, 347 (1), and 30 of the Criminal Act that choose a penalty, Articles 327 and 30 of the Criminal Act, Articles 327 and 30 of the Criminal Act, Articles 315 and 30 of the Criminal Act;

1. From among concurrent crimes, the punishment provided for in the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act and the punishment provided for the heavier attempted fraud;