사기등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four months.
40,000,000 won shall be collected from the defendant.
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for up to six months, additional collection of up to 40 million won) of the lower court against the Defendant is too unreasonable.
2. The amount of money obtained by deception (40 million won) is not much, and the defendant received money or valuables from the victim by making a false statement that he/she would make a solicitation to a public official. This not only infringes on the victim's property rights, but also requires strict punishment as an offense impeding the public trust in the affairs of public institutions, and the fact that the defendant completed the execution of imprisonment with prison labor for the same crime and again commits the instant crime within the period of repeated crime is disadvantageous to the defendant.
However, the defendant led to the confession of the crime of this case and reflects his mistake, recovered damages, and agreed with the victim (as of the trial record, 21 pages). The defendant was sentenced to imprisonment due to the same kind of crime in this case and completed the execution of the sentence. At the time when about 5 years and 9 months have passed since the occurrence of this case, the investigation of this case was initiated separately due to the victim's complaint. The fact that the defendant should consider equality in the case where the first head of the crime of this case was judged simultaneously with the final judgment of the court below is favorable to the defendant.
In addition, in full view of the defendant's age, character and conduct, environment, family relationship, motive and background of the crime, and circumstances before and after the crime, etc., the sentence of the court below is deemed to be too unreasonable, and the crime of this case is not applied to the crime of this case in the latter concurrent crimes of Article 37 of the Criminal Act with the crime of fraud for which judgment has become final and conclusive
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.
[Discied Judgment] Summary of criminal facts and evidence of this case against the defendant is summary of criminal facts and evidence of this case.