사기
The judgment of the court below is reversed.
Defendant
A shall be punished by imprisonment with prison labor for ten months, and imprisonment with prison labor for six months.
except that this shall not apply.
1. The summary of the reasons for appeal is that each sentence (Defendant A: imprisonment with prison labor for 10 months and Defendant B: imprisonment with prison labor for 6 months) declared by the court below is too unreasonable.
2. The crime of this case is committed by the Defendants in collusion with each other by deceiving 50 million won from the damaged person as a security deposit for the scrap metal-related import business, and the Defendant A acquired 40 million won from the damaged person as a sum of the security deposit for the borrowed money and the studs remaining property, and the fraud amount (Defendant A: KRW 90 million, Defendant B: KRW 50 million) and the method of committing the crime, etc. that are disadvantageous to the Defendants.
However, the defendants appear to have the attitude of recognizing and opposing the crime of this case when they were in the first instance trial. The defendants did not want the punishment against the defendants because they agreed with the victims in the first instance trial, and there was no record of punishment against the defendants before the crime of this case. Each of the crimes of this case is considered in favorable circumstances, such as the defendant A's crime of fraud as stated in the judgment of the court below, and the defendant B's crime of violation of Road Traffic Act (dacting driving) after Article 37 of the Criminal Act, in relation to the concurrent crimes of this case, the balance between the defendant A and the crime of violation of Road Traffic Act (dacting driving) should be considered at the same time. In full view of various sentencing conditions shown in the arguments, such as the defendants' age, sex, environment, motive and circumstance of the crime, and the means and result of the crime, the above argument of the defendants by the court below is somewhat unreasonable. Thus, the above argument by
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendants' appeal is with merit, and the judgment below is reversed and it is again decided as follows.
[Re-written judgment] The summary of facts constituting an offense and evidence recognized by this court is "1. Defendants are examined respectively in the column of evidence of the original judgment."