사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
However, the period of two years from the date this judgment becomes final and conclusive.
1. The sentence of the lower court (the imprisonment of eight months, the suspension of the execution of two years, and the community service order 120 hours) is too unreasonable.
2. The following facts are the circumstances unfavorable to the Defendant: (a) the Defendant committed the instant crime by taking advantage of personal relations with the victim and social welfare facilities that the Defendant had committed the instant crime; (b) the Defendant borrowed money, etc. from the victim in 2008 to the time of 2017 and did not repay the money, etc.; and (c) the Defendant appears to have suffered considerable severe pain on the part of the victim due to the lapse of the repayment period.
However, in full view of the favorable circumstances, such as the Defendant’s age, sex, environment, circumstances leading to the crime, circumstances after the crime, etc., the lower court’s punishment is somewhat unreasonable, in view of the following: (a) the victim’s repayment of KRW 2.5 million to the investigative agency; (b) the victim was recovered to a certain extent; and (c) the victim was not able to have been punished; and (d) the victim’s repayment of KRW 7 million to the court below; and (e) other circumstances revealed in the arguments and records.
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 and the summary of the evidence are the same as the stated in each corresponding column of the judgment below, and thus, it shall be quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;
1. Prior to the grounds for sentencing under Article 62(1) of the Criminal Act (the following sentencing conditions are favorable to one another), the sentence as set forth in the Disposition shall be determined by taking into account the various circumstances as seen in the part of the judgment regarding the Defendant’s unfair argument of sentencing.