사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable.
2. Considering the fact that the defendant committed the crime of fraud under paragraph (1) of the decision in a planned manner, and the fact that the victim did not recover from damage, etc., the defendant's above assertion is reasonable, since it is recognized that the amount of damage is not significant enough to exceed KRW 26 million, the defendant reflects his/her mistake through his/her detention life for about three months, there is no criminal record exceeding the same kind and fine, the defendant's age, character and conduct, environment, motive, means and consequence of the crime of this case, and all of the sentencing conditions specified in the records and arguments of this case, such as the defendant's age, character and conduct, the motive, means and consequence of the crime of this case, the circumstances after the crime,
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.
Criminal facts
The summary of facts and evidence recognized by the court is the same as the corresponding column 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, Article 347(1) of the Criminal Act, Article 30 of the Criminal Act, Article 347(1) of the Criminal Act, and Article 347(1) of each Criminal Act (Article 2 and (3) at the time of sale, fraud, and choice of imprisonment);
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act (General Consideration in favor of the above part);
1. It is so decided as per Disposition on the grounds of Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc.;