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 one year from the date this judgment becomes final and conclusive.
1. The summary of the reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.
2. The judgment of the court below is inappropriate in light of the following circumstances: although the amount of the fraud by the crime of this case is a maximum amount of KRW 20 million and the damage has not been recovered for a long time, it is recognized that the defendant recognized the crime of this case and reflects his mistake in depth; the defendant paid the total amount of the money obtained by defraudation to the victim in the trial; the victim does not want the punishment; on May 2003, he did not want the punishment of the defendant; there was no history of punishment heavier than the fine, except for the suspended sentence of imprisonment due to the violation of the Military Service Act being sentenced once on one occasion due to the violation of the Military Service Act, and there was no history of punishment of the same crime except for the punishment sentenced once by a fine due to fraud on November 201, 20, there was no history of punishment for the same crime; the defendant's wife (one child and one child); other, the defendant's age, character and environment; the motive and circumstances leading to the crime of this case; and the circumstances before and after the crime.
3. Accordingly, according to the conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and it is again decided as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act;