사기등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
However, for two years from the date this judgment becomes final and conclusive.
1. The main point of the grounds for appeal is that the lower court’s punishment (two months of imprisonment, additional collection of thirty million won) is too unreasonable.
2. The fact that the defraudation amount due to the judgment of fraud is not a certain amount of KRW 50 million, the fact that the money received as a result of the crime of violation of the Attorney-at-Law Act reaches KRW 32 million, and that there is no agreement with the victim is an unfavorable circumstance to the defendant.
However, following the payment of KRW 30 million to the victim at the lower court, the fact that the repayment of KRW 20 million was deposited after the decision of the lower court was rendered, and that the case should be considered at the same time as the case of fraud in which the judgment became final and conclusive, and that the case seems to have been detained for more than two months and to have an opportunity to reflect is favorable to the defendant.
In addition, considering the age, character and conduct of the defendant, circumstances leading to the crime, and various conditions of sentencing as shown in the records and pleadings, the sentence of the court below is considered unfair.
3. In conclusion, the judgment of the court below is reversed in accordance with 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 the summary of evidence against the defendant recognized by this court are identical to each corresponding column of the judgment of the court below, except where "1. partial statement of the defendant" in the summary of evidence of the court below is deemed "1. The defendant's trial statement" as "the defendant's trial court statement". Thus, it is accepted as it is in accordance with Article 369
Application of Statutes
1. Relevant Article 347 (1) of the Criminal Act (Fraud), subparagraph 1 (e) of Article 109 of the Attorney-at-Law Act ( point of handling legal affairs of persons other than attorneys-at-law) and choice of imprisonment with prison labor for a crime;
1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;
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;
1. The latter part of Article 116 of the Attorney-at-Law Act;
1. The order of provisional payment;