사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four months.
1. According to the records on the Defendant’s assertion of unfair sentencing, it is recognized that the damage has not been recovered until now even though the amount of damage was not so small, the victim’s strong punishment is strongly desired, and that the Defendant was arrested and investigated under a warrant of arrest after being locked to contact with the Defendant by receiving the instant defrauded money.
However, the court below's punishment (six months of imprisonment) is somewhat heavy considering all the sentencing conditions shown in the records and arguments of this case, including the defendant's age, character and behavior, family environment, motive and background leading to the crime of this case, means, methods and results, and circumstances before and after the crime.
2. 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 reasonable, and the following decision is rendered after pleading
Criminal facts
The summary of facts and evidence recognized by the court is the same as that of each 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. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;