사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for a term of one year and two months.
However, for three years from the date this judgment becomes final and conclusive.
1. The gist of the grounds for appeal by the defendant is that the punishment imposed by the court below (one year and two months of imprisonment) is too unreasonable, and the reasons for appeal by the prosecutor are unreasonable because the sentence of the court below is too uneasible.
2. The judgment of the court below is a large amount of the damage by deceitation of the defendant amounting to KRW 240 million, the fact that a significant damage has not been recovered, but the defendant shows an attitude to recognize and reflect all the crimes of this case when the defendant was in the trial, and the defendant has paid KRW 50 million between the victim and was exempted from KRW 190 million, and the defendant has paid KRW 20 million between the victim and paid KRW 20 million to the victim at the court below, and repaid KRW 30 million to the victim at the court below, and taking into account the defendant's age, character and behavior, environment, status relationship, and other various sentencing conditions as shown in the records and arguments of this case, it is unreasonable to impose the sentence of the court below too unreasonable.
3. As such, the defendant's appeal is reasonable, and the judgment of the court below is reversed under Article 364 (6) of the Criminal Procedure Act (as long as the judgment of the court below is accepted and reversed, the prosecutor's appeal is not dismissed) and the defendant's appeal is again decided as follows
[C] The summary of the facts constituting an offense and evidence recognized by the court below as the gist of the facts constituting an offense and the summary of the evidence is cited in accordance with Article 369 of the Criminal Procedure Act, except where the court below’s partial statement “1.1.1.1. Defendant’s oral statement” is deemed as “the Defendant’s oral statement” and thus, it is identical to the corresponding column of the judgment below.
Application of Statutes
1. Relevant Article 324 (1) of the Criminal Act and Article 324 (1) of the Criminal Act and the choice of imprisonment with prison labor for the crime;
1. Article 62 (1) of the Criminal Act;
1. The order is based on various circumstances examined prior to the reasons for sentencing under Article 62-2 of the Criminal Act.