사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
However, the above punishment for a period of two years from the date this judgment became final and conclusive.
1. The sentence imposed by the lower court (six months of imprisonment) on the summary of the grounds for appeal is too unreasonable.
2. The judgment that the Defendant is expected to subcontract civil engineering works
The victim deceivings the damaged person and obtains a total of KRW 30 million as the purchase cost of a single type license and the removal cost, and acquired it by fraud.
If the crime of this case was committed, the victim did not completely recover from the damage even though the damage was not caused to the victim’s property, and considering the fact that the Defendant was unable to take the Defendant’s appearance from the injured party, the nature of the crime of this case is heavy, and the Defendant’s criminal liability is not weak.
However, when the defendant was found to have committed the crime of this case, he was found to have committed the crime of this case, and his mistake was repented in depth, and he seems to have been detained for more than two months in this case, and the defendant had an opportunity of reflective and self-esteem.
The Defendant appears to have experienced difficulties in the process of performing civil engineering works, etc., and appears to have committed the instant crime, and the Defendant has made every effort to recover the damage of the victim after living in prison, by submitting objections over several times.
Although the defendant was punished by a fine on one occasion in the past, it was in 2007, and the previous records of the defendant's previous crime are minor criminal records.
The defendant is in the position to support a minor child after his wife and divorce, and the defendant's detention seems to have a serious economic difficulty.
In full view of these circumstances and all the sentencing conditions as seen earlier, including the Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime, the circumstances after the commission of the crime, etc., the lower court’s punishment is deemed unfair because it is too unreasonable even if it considers the aforementioned circumstances unfavorable to the Defendant.
3. The Defendant’s appeal is with merit, and thus, pursuant to Article 364(6) of the Criminal Procedure Act.