사기등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
However, for a period of two years from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for up to eight months) of the lower court is too unreasonable.
2. The instant case is a situation unfavorable to the Defendant, where the Defendant obtained a loan under the name of an applicant for compensation where he/she was a woman-friendly Gu, or purchased mobile phones or Nowon-gu, and the offense is inferior in light of the method and frequency of the crime, and the amount of damage is not significant.
On the other hand, the fact that the defendant has led to the entire confession of the crime, the fact that the actual victim has agreed with the applicant for compensation, and the fact that there is no other criminal records are favorable to the defendant.
In full view of the sentencing conditions indicated in the instant case, such as the Defendant’s age, occupation, motive, means and consequence of the commission of the crime, and the circumstances after the commission of the crime, the lower court’s punishment is too unreasonable.
3. In conclusion, the judgment of the court 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.
Criminal facts
The summary of the evidence and the facts charged against the defendant recognized by the court and the summary of the evidence are the same as the corresponding column of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of the Criminal Act concerning criminal facts, Article 347(1) of the Criminal Act, Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, Article 232-2 of the Criminal Act, Articles 234 and 232-2 of the Criminal Act, Articles 230 of the Criminal Act, Article 230 of the Specialized Credit Finance Business Act, Article 70(1)3 of the Specialized Credit Finance Business Act, and selection of imprisonment;
1. Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;
1. Article 62 (1) of the Criminal Act on probation;
1. Matters concerning application for compensation order, dismissal of litigation, promotion of litigation, etc.;