사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
1. The decision of the court below on the gist of the grounds for appeal is too unreasonable because the sentence imposed by the court below (one year and six months of imprisonment) is too unreasonable.
2. Although the instant crime was committed to the extent that it would be sufficient to prepare for the rehabilitation procedure, the Defendant’s operation of the instant case would have been paid KRW 183,00,000,000, which is part of the amount of damage to the victim’sJ, and the nature of the instant crime was bad, and the victim’s judgment did not reach an agreement with the victim’sJ until the trial was in the first instance, and the victim F would not be punished against the Defendant by mutual consent with the victim F. On October 11, 2017, the Defendant paid KRW 10,000,000,000,000 to the victim F. by October 13, 2017, the Defendant appears to have led to the Defendant’s repayment equivalent to KRW 5,50,000,000,000,000, out of the amount of damage to the victim’sJ, and the Defendant appears to have committed all the instant crime in favor of the Defendant and the Defendant, respectively.
In addition, considering the sentencing conditions indicated in the instant case, such as the Defendant’s age, sex, environment, background and result of the instant crime, the sentence imposed by the lower court 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 on the grounds that the defendant's appeal is with merit, and the judgment below is ruled again after pleading as follows.
[Re-written judgment] The facts constituting an offense and the summary of evidence recognized by the court and the summary of evidence are as stated in each corresponding column of the judgment below, 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 the choice of punishment for the crime, Articles 347 (1) of the Criminal Act and the choice of imprisonment;
1. As seen in the part of the judgment on the grounds for appeal for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, the grounds for appeal for concurrent crimes are as follows.