사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
However, the period of two years from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (6 months of imprisonment) against the Defendant is too unreasonable.
2. In light of the fact that the defendant actively deceives the victim by using trust in a pro-friendly relationship with the victim, and that the sum of the amount of fraud exceeds 70 million won, the nature of the crime is not less severe, but the defendant recognizes the criminal facts and reflects the depth of the defendant, the defendant not only pays a certain amount of money to the victim as interest or principal, but also pays the remaining amount of debt. The defendant is a primary offender who has no record of criminal punishment; the defendant is a juvenile who must be taken care of the defendant; the defendant's age, sex and environment; the defendant's age, motive, means and consequence of the crime; the defendant's child who is a juvenile to be taken care of; and other various circumstances, which are conditions for the sentencing of the case, such as the circumstances after the crime, are considered to be unfair because the court below's punishment is too excessive. Thus, the defendant's argument is reasonable.
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 reversed and it is again decided as follows
Criminal facts
The summary of the judgment of the court below is identical to each corresponding column of the judgment below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 62 (1) of the Criminal Act on the suspension of execution ( normal consideration of favorable circumstances among the reasons for reversal as above);