사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
Summary of Grounds for Appeal
The punishment of the court below (one year and six months of imprisonment) is too unreasonable.
Judgment
Despite the fact that the defendant had been punished for the suspension of the execution of imprisonment for the same crime, he/she again commits each of the crimes of this case, the victim of each of the crimes of this case reaches three persons, and the amount of fraud reaches 275 million won in total, and the victims' damage has not been completely recovered until the trial of the party.
However, the defendant recognized each of the crimes of this case and expressed the victim's intention not to punish the defendant in agreement with the victims, and even when the court below tried the defendant separately from the expression of the defendant's intention not to punish the defendant, the court below claimed that the victim B paid 4.6 million won to the victim D, 4.6 million won to the victim D, and 25.72 million won to the victim, respectively, the defendant paid 1.5 million won to the victim D and G in addition to the expression of the defendant's intent not to punish the defendant. However, there is no objective material that can be seen as such.
As a result, the victims' damages have been recovered to some extent, it is favorable for them.
Considering the circumstances favorable to the defendant and the unfavorable circumstances of the defendant, comprehensively taking into account the following factors: the defendant's age, character and conduct, environment, circumstances after the crime, and the circumstances after the crime, the sentence of the court below is deemed unfair.
Therefore, the defendant's assertion of unfair sentencing is justified.
Therefore, the defendant's appeal is justified, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is judged as follows.
[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is the same as that of the judgment below, so the Criminal Procedure Act is the same.