사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than three months.
1. The summary of the reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.
2. The fact that the crime of this case is planned and the damage size is significant, and the crime of this case cannot be deemed to be somewhat weak, and the fact that the person holding the provisional attachment authority filed a lawsuit claiming the collection of the lease deposit against the victim in the judgment of the court below that the amount of collection to be borne by the victim C of the fraudulent act of this case would be reduced to KRW 21 million if the defendant excluded the amount of collection to be borne by the victim C of the fraudulent act of this case from the amount of the lease deposit as stated in the judgment of the court below. However, this is merely a case where the damage of C, the lessor, according to the right to preferential reimbursement of small lessee, who is a mandatory provision of the Housing Lease Protection Act, was transferred to F of the person holding the provisional attachment right, and it cannot be deemed that the amount of damage caused by the fraudulent act
However, considering the fact that the defendant still has not been fully compensated for the damage and that the victim is suffering from severe punishment in the trial, it is inevitable to sentence the defendant as a sentence.
However, in full view of the following facts: (a) the first offender who has no record of punishment for the Defendant was punished and has committed a mistake in all; (b) the Defendant deposited KRW 13 million in total by adding the KRW 10 million from the trial to the injured party for the purpose of changing damage; (c) the Defendant’s age and health is not good; and (d) other conditions of sentencing indicated in the record, such as the Defendant’s age, character and conduct, and environment, the sentence of the lower court seems to be somewhat unreasonable.
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 the court is identical to each corresponding part of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
The laws and regulations;