사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (six months of imprisonment) is too unreasonable.
2. The judgment is based on the following facts: (a) the victim’s damage caused by the instant crime is a significant amount; and (b) the defendant has a record of being punished by a fine due to the same criminal conduct.
On the other hand, however, the defendant recognized the crime of this case, in particular, since the defendant paid 20 million won to the victim after the decision of the court below, and agreed with the victim, the victim expressed his intention not to punish the defendant, and all of the sentencing conditions specified in the arguments of this case, such as the defendant's age, character and conduct, the background of the crime of this case and the circumstances after the crime, etc., the defendant's argument is justified.
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 evidence and the criminal facts against the defendant recognized by the court and the summary of the evidence are the same as the corresponding columns of the judgment of the court below, and they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Suspension of execution under Article 62 (1) of the Criminal Act;