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 summary of the reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.
2. The crime of this case is not likely to be the quality of the crime because the method of the crime of this case is inadequate and the amount of the fraud is not stated.
Moreover, even though the victim appears to have suffered a considerable mental suffering as well as physical damage due to the instant case, the damage has not been properly restored until now.
However, in light of the following circumstances: (a) the Defendant’s mistake in the course of the trial for the first time, and the Defendant paid the victim an additional amount of KRW 30 million to the victim and made efforts to recover damage to the victim in the future; (b) the Defendant has no criminal records subject to punishment for the same kind of crime; and (c) other various circumstances, such as the Defendant’s age, character and conduct, environment, motive for committing the crime, and circumstances after committing the crime, etc., the lower court’s punishment is deemed to be harsh.
3. 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 following is ruled again after pleading.
[C] The Criminal Procedure Act Article 369 of the Criminal Procedure Act provides that the Criminal facts recognized by the court and the summary of the evidence are identical to each corresponding column of the judgment of the court below, except where the "1. Defendant's oral statement" is added to the summary of the evidence. Thus, it is also accepted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 347 (1) of the Criminal Act and the choice of punishment for the crime;
1. Article 62 (1) of the Criminal Act (Consideration of the favorable circumstances in the preceding);
1. Social service order under Article 62-2 of the Criminal Act;