사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
However, for a period of two years from the date this judgment becomes final and conclusive.
[Judgment on the Grounds for Appeal] Summary of the Grounds for Appeal (compactingly unfair) Sentencing by the lower court (one year of imprisonment) is too unreasonable.
On the other hand, since the victim C's total amount of damage caused by the instant crime is KRW 150 million, the defendant's liability for the crime is not weak and is disadvantageous to the defendant.
However, at the time of the trial, the defendant agreed with the victim (the 100 million won was agreed to be repaid in installments, and the J jointly and severally guaranteed by the defendant), the victim expressed his intention not to want the punishment against the defendant, and the defendant paid the amount equivalent to the victim in the past as interest (the defendant argued that he received about KRW 34.9 million in total at the court below, while the victim argued that he received about KRW 18.7 million in total at the court below), and the court below deposited the victim as the victim at the court below, and deposited the amount of KRW 4.6 million in total on two occasions, and the defendant made a living in custody for a period of less than four months in this case, the first offender was the victim, the fact that the defendant was the first offender, the fact that the defendant was aware of the error, and all other circumstances in the sentencing of this case, including the defendant's age, character and conduct, motive, means and result of the crime, and the circumstances after the crime, etc., the sentencing of the court below is too inappropriate.
Thus, the defendant's appeal is justified. Thus, 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.
[Grounds for the judgment] The facts constituting an offense and summary of evidence recognized by the court are identical to the facts constituting an offense and summary of evidence, and thus, the gist of evidence is identical to each corresponding column of the judgment of the court below. Thus, it is acceptable in accordance with Article 3
Application of Statutes
1. Relevant Article 347 (1) of the Criminal Act and the choice of punishment for the crime;
1. Suspension of execution is advantageous to the grounds for reversal under Article 62(1) of the Criminal Act.