사기
The judgment below
The remainder, other than the dismissed part of the application for compensation, shall be reversed.
Defendant shall be punished by imprisonment for a year.
1. The court below rejected the application for compensation by the applicant for compensation, and pursuant to Article 32(4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, the court below rejected the application for compensation, and thus, the part dismissing the application for compensation was immediately finalized.
Therefore, the dismissal part of the judgment of the court below is excluded from the scope of adjudication of this court.
2. The sentence imposed by the lower court (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.
3. Where the amount of damage in this case was caused by 20 million won, and the damage recovery has not been completed after the commission of the crime for a period of not less than nine years, and the victim wanted to take a severe punishment against the defendant, etc. is disadvantageous to the defendant.
However, the fact that the defendant both recognizes and reflects the crime in the court of the political party, seems not to have committed the crime of this case with the intention of conclusive deception, the fact that the defendant deposited KRW 10 million to the victim under the pretext of the repayment of damage in the court of the political party, the fact that there is no other criminal punishment force except the punishment of a fine once for the crime of this paper, the fact that there is no other criminal punishment force, and the fact that the elderly is supporting the elderly mother is favorable to the defendant.
In addition, comprehensively taking account of the defendant's age, character and conduct, environment, motive of crime, circumstances after crime, etc., the sentence of the court below is deemed unfair.
Therefore, the defendant's assertion of unfair sentencing is justified.
4. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the appeal is again ruled as follows.
[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by this court and the summary of evidence are different from the judgment below's changing "1. partial statement of the defendant" in the summary of evidence into "1. The court below's original judgment".