사기등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight 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 court below's imprisonment (eight months of imprisonment) is too unreasonable.
2. In light of the method of judgment and the amount of the crime of this case, although the crime is not less than the standard of punishment in light of the method of fraud and the amount of the crime of this case, the defendant has no record of punishment except for a minor fine at least twice. The defendant committed each of the crimes of this case and reflects the truth in depth by recognizing the facts of this case. After the sentence of the judgment of the court below, the victim was simply agreed with the victim and agreed with the victim, and the victim was not punished against the defendant. In addition, if the defendant's age, character, character, environment, motive, means and consequence of the crime of this case, all of the sentencing conditions specified in the records and arguments of this case, including the circumstances after the crime, are taken into account,
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.
【Discied Judgment】 The facts constituting an offense and summary of evidence recognized by the court are identical to the facts constituting the offense and summary of evidence, and thus, the gist of evidence is identical to each corresponding column of the judgment below. Thus, they are quoted in accordance with Article 369
Application of Statutes
1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, Article 347(1) of the Criminal Act that prescribes the choice of punishment (or, inclusive, the choice of imprisonment with prison labor), Article 225 of the Criminal Act, Articles 229 and 225 of the Criminal Act;
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;