사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
except that the ruling shall be made for one year from the date of the final judgment.
1. The decision of the court below on the gist of the reasons for appeal is too unreasonable (six months of imprisonment).
2. Although the amount of defraudation of this case is not so big, the court below's punishment is somewhat inappropriate in light of all circumstances such as the defendant's age, character, environment, health status, criminal record and circumstances after the crime, etc., where the defendant recognized the crime of this case and there is no criminal punishment for the same kind of crime, equity in the case where the crime of this case and the final judgment at the time of original judgment are in a concurrent crime under the latter part of Article 37 of the Criminal Act, and there are other circumstances that can be considered in light of the circumstances such as the defendant's age, character and behavior, environment, health status, criminal record and circumstances after the crime.
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 recognized by this court as criminal history and summary of the evidence and the summary of the evidence are as stated in the judgment of the court below, except for adding “1.1. Defendant’s trial statement” to the summary of the evidence of the court below, and all of them are cited as it is 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. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;
1. As examined in the determination of the grounds for appeal prior to the grounds for sentencing under Article 62(1) of the Criminal Act, the sentence shall be determined as ordered by comprehensively taking into account the various circumstances as examined in the determination of the grounds for appeal and the various sentencing conditions shown in the argument