사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
1. The main point of the grounds for appeal is that the sentence imposed by the court below on the above defendant is too unreasonable.
2. Although, in light of the method of deception, the amount of fraud, etc., the Defendant’s liability is not minor, considering the following factors: (a) the Defendant was recognized as committing a crime and reflects it when it comes to the trial; (b) the victim did not want the punishment; (c) the Defendant did not have any criminal record other than a fine; and (d) the Defendant did not have any criminal record other than a fine; and (e) the criminal punishment for other crimes similar to the instant crime; and (e) other various conditions of sentencing as indicated in the instant records and arguments, such as the Defendant’s age, character and conduct, environment, motive and circumstance after the instant crime, etc., the lower court’s punishment is
3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the following judgment is rendered again after pleading.
Criminal facts
The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;
2. Article 62 (1) of the Criminal Act ( normal consideration in favor of the reason for reversal).