사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
except that the ruling shall be made for one year from the date of the final judgment.
1. The decision of the court below on the gist of the grounds for appeal is too unreasonable (six months of imprisonment).
2. Determination
A. The lower court determined that the sentence is inevitable in light of the fact that the Defendant, through repeated deception of the victim for about three years, acquired money up to KRW 36,790,00 by deceiving the victim, and that the victim who acquired the said money that was difficult to obtain by marriage funds, etc., suffered serious economic and mental damage but has not repaid most of the damages up to now, and that most of the damages have not been paid up to now, the lower court sentenced the above sentence by taking into account the favorable circumstances, such as the fact that the Defendant had no record of punishment heavier
B. The judgment of the court of the first instance: (a) the defendant deposited the full amount of damage when the defendant was in the trial; (b) the defendant reflects the defendant's mistake in depth through confinement life at a half of a month; and (c) the fact that there is no record of the same kind of punishment, etc. are considered as favorable circumstances; and (d) considering all other factors such as the defendant's age, character, conduct, environment, family relationship, relationship with the victim; (b) circumstances leading to the crime; (c) the means and consequence after the crime; and (d) various sentencing conditions specified in the records and arguments of this case, such as the circumstances after the crime, etc., it is determined that the sentence imposed by the court below
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 facts charged and the summary of the evidence recognized by the court are as stated in the corresponding column of the original judgment, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 347(1) of the Criminal Act and Article 347(1) of the Criminal Act concerning criminal facts, the choice of punishment, and the choice of imprisonment.