사기등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
1. The summary of the grounds for appeal dismissed the assertion of mistake of facts on the 8th trial date of the trial.
The punishment of the lower court (eight months of imprisonment) is too unreasonable.
2. In light of the fact that the crime of this case is planned, the crime of this case is very serious when comprehensively considering the method of crime, the amount of fraud, the relationship between the defendant and the victim, and the fact that the defendant has not yet received the victim's letter, the sentence of sentence on the defendant is inevitable.
However, the court below's sentencing seems to be somewhat inappropriate in light of the following factors: (a) the defendant has no record of punishment; (b) the court below recognized the crime in the first instance; (c) the defendant and the victim have been in a series of cases that occurred between the defendant and the victim, in the investigation stage, some or the damage was recovered due to the defendant's repayment, etc. at the investigation stage; and (d) the defendant deposited a total of KRW 1.8 million in the first instance trial; and (e) other various circumstances that form the conditions for sentencing in the instant case, such as the motive
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 evidence admitted by this court is to be cited in accordance with Article 369 of the Criminal Procedure Act, except for the fact that “the defendant’s partial statement” is changed to “the legal statement on the date of the 8th trial of the trial of the court of the party.”
Application of Statutes
1. Relevant Article 347(1) of the Criminal Act; Article 347(1) of the Criminal Act; Article 231 of the Criminal Act; Articles 234 and 231 of the Criminal Act; Articles 234 and 231 of the Criminal Act; the choice of imprisonment with labor for the crime;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;