사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
The defendant shall obtain money from D who is an applicant for compensation;
1. The summary of the grounds for appeal is unreasonable by the lower court’s imprisonment (one year of imprisonment).
2. The defendant should be subject to strict punishment corresponding to his act in light of the fact that some victims did not reach an agreement or make a repayment of damages until the trial even though the victim was a large number of victims.
However, the court below's punishment is unreasonable by taking into account all the following circumstances: (a) the Defendant has led to the confession of the crime and has a depth; and (b) the Defendant has been making every effort to pay damages; (c) the fact that the crime of this case has not been tried together with the same kind of crime for which the judgment became final and conclusive; and (d) the Defendant has a child who has to care to the Defendant; and (e) other various sentencing conditions specified in the records and arguments, such as the background and means of the crime of this case, relationship with the victim, the circumstances after the crime, the
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.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, it is quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the same Act concerning the selection of punishment;
1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 25 (1), 31 (1), (2) and (3) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits, etc., of Orders for Compensation and Sentence of Provisional Execution;