사기
1. The judgment below is reversed.
2. The defendant shall be punished by imprisonment with prison labor for one and half years;
1. The sentence imposed by the court below (two years of imprisonment) is too unreasonable.
2. The judgment of the defendant has been punished by the suspension of the execution of imprisonment with prison labor, etc. several times for the same crime, and the crime of this case is that the defendant deceivings the victim to acquire money under the name of land purchase contract money, etc. from the victim several times as if the defendant is engaged in the business of purchasing land for the new construction of a hospital, etc., and the crime of this case is not less than the nature of the crime and the criminal administration, and even though the amount acquired by the defendant is reasonable, the agreement
However, in full view of the fact that all the records of the defendant who was punished as the same crime were punished for about 10 years, the defendant recognized the crime of this case and seriously reflects his mistake, and partially deposited funds for the victim, the crime of this case and the crime of violation of the Road Traffic Act ( sound driving) which became final and conclusive on August 18, 2012 pursuant to Article 39(1) of the Criminal Act should consider equity with the case where the crime of this case and the crime of violation of the Road Traffic Act (driving) which became final and conclusive on August 18, 2012, and other various circumstances that form the conditions for sentencing in this case, such as the defendant's age, character and behavior, environment, family relationship, etc., it is deemed unfair that the sentence imposed
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.
Criminal facts
The summary of the facts charged and the summary of the evidence admitted by this court is identical to the corresponding column of the judgment of the court below, except for the addition of “a statement made by the defendant in the court of first instance” to the first head of the judgment of the court below, and thus, it is also cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 347 of the Criminal Act applicable to the crime and Article 347 of the choice of punishment.