사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
1. The summary of the grounds for appeal explicitly withdrawn the assertion of mistake of facts on the date of the first instance trial.
The punishment of the court below (one year of imprisonment) is too unreasonable.
2. Determination of each of the crimes of this case does not have considerable damage, and the fact that the defendant can have been punished for the same kind of crime is disadvantageous to the defendant.
However, the victimJ submitted at the court below a written agreement (No. 194 of the trial record) to the effect that the defendant's consent to each of the crimes of this case and the defendant's prior action against the defendant is against the defendant, and that the above victim's prior action is against the defendant, by agreement with the victim J and T, the victim J submitted a written agreement that the defendant does not want the defendant's punishment (the face No. 220 of the trial record), but submitted a written application that the defendant would withdraw it and want the defendant's severe punishment (the face No. 220 of the trial record), but again submitted a written agreement that the defendant
The fact that the 30 million won has been returned to investors, including the victim T and U, and the considerable part of the damage of U seems to have been restored is favorable to the defendant.
In full view of the above circumstances and the defendant's age, character and conduct, environment, motive, means and consequence of the crime, all of the sentencing conditions as shown in the pleadings, including the circumstances after the crime, and the scope of recommended sentences in the sentencing guidelines, the sentence imposed by the court below is deemed to be too unreasonable.
Therefore, the defendant's argument is justified.
3. As such, the defendant's appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the court below is ruled as follows
【Reasons for the Judgment of the Supreme Court, 【The Defendant’s oral statement of trial in the first instance court’s case’s judgment’s 2019 order303 in the summary of the evidence as stated in the judgment of the court below is added to the facts constituting a crime and summary of the evidence recognized by the court of the same court.