사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
However, a punishment shall be imposed for a period of two years from the date this judgment becomes final.
1. The summary of the grounds for appeal (unfair sentencing) by the lower court (one year and six months of imprisonment) is too unreasonable.
2. The amount of damage caused by the instant fraud is not a few.
However, the defendant did not have any history of punishment for the same kind of crime, and when the defendant was in depth and was found to have committed the crime, the defendant paid part of the amount of damage directly by himself, and the victim F was paid KRW 92,369,473, and the victim K received KRW 21,949,752 in the compulsory auction distribution procedure for the real estate owned by the defendant after the decision of the court below was made, and other sentencing conditions as shown in the argument of this case, such as the defendant's age, sex, environment, background and result of the crime of this case, etc., the sentence imposed by the court below is too large and unfair. Thus, the defendant's argument is justified.
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, and the judgment below is ruled again after pleading as follows.
[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of the Criminal Act and Articles 347(1), 30 (including the fraud of 2016 senior 4020 senior 40) of the Criminal Act concerning criminal facts, the choice of punishment, and the choice of imprisonment, respectively; Article 347(1) of the Criminal Act (including the fraud of 2016 senior 4594 senior 4 senior 2016 senior 4594)
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 62 (1) of the Criminal Act on the suspension of execution (i.e., circumstances favorable to the failure to reverse the judgment above);