사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
1. The decision of the court below on the gist of the reasons for appeal (7 months of imprisonment) is too unreasonable.
2. Notwithstanding the reasons for sentencing unfavorable to the defendant, when considering the fact that the defendant deposited KRW 8,30,00 for the victim when the defendant was in the first instance trial, there is a need for mitigation of the punishment that the court below sentenced against the defendant.
The decision is judged.
3. According to the conclusion, the defendant's appeal is reversed on the grounds that it is reasonable, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is
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, the summary of the evidence is cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 347 (1) of the Criminal Act and the choice of punishment for the crime, Articles 347 (1) of the Criminal Act and the choice of imprisonment;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;