사기등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
An application for compensation by an applicant for compensation by the original court.
1. The summary of the grounds for appeal (e.g., imprisonment and one year and six months) imposed by the court below is too unreasonable.
2. In full view of the following circumstances: (a) the Defendant agreed with C in the lower court; (b) additionally deposited KRW 20 million, which is part of the amount of damage for the victim limited liability company B in the trial; and (c) appears to have reached the instant crime while preventing a return due to the aggravation of liquidity; and (d) the Defendant’s motive and background, means and method of the instant crime; (b) circumstances before and after the instant crime; and (c) the Defendant’s age, character and conduct, career, and environment as shown in the instant argument, the sentence of the lower court is too unreasonable.
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 reasoning of the judgment below] Criminal facts and summary of evidence recognized by this court are all the same as that of each corresponding column of the judgment below. Thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, Article 34 of the Criminal Act, Article 347 (1) of the Criminal Act, the choice of imprisonment for a crime (including the use of fraud, inclusive), and Article 231 of the choice of punishment;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Determination of punishment as ordered by taking into account the various circumstances prior to the reason for sentencing of Articles 25(3)3 and 32(1)2 and (2) (the existence or extent of liability to compensate against limited liability companies B which are applicants for compensation in the original instance, such as deposit of KRW 20 million in the original instance) of the Act on Special Cases concerning the Promotion, etc. of Lawsuit to Dismiss the Application for Compensation, etc.