사기등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
However, the period of two years from the date this judgment becomes final and conclusive.
1. The decision of the court below against the defendant on the summary of the reasons for appeal is too unreasonable.
2. The Defendant had two previous criminal records of the same kind, and the amount of damage to the instant fraud and embezzlement is close to KRW 300 million, etc. are disadvantageous to the Defendant.
However, in full view of the following circumstances: (a) the Defendant appears to have committed each of the crimes in this case; (b) the Defendant is trying to pay the amount of damage from the original trial to the appellate trial; and (c) the injured party wishes to have the Defendant’s wife while submitting a written application for a non-prosecution of punishment that the injured party does not want the Defendant’s punishment; and (d) the Defendant’s age, sexual conduct, environment, relationship with the injured party, motive or circumstance of the crime, and circumstances after the crime, etc., the lower court’s punishment is somewhat inappropriate.
Therefore, the defendant's argument is justified.
3. As the appeal by the defendant is well-grounded, the judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal by the defendant is again decided as follows.
[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment below, and thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 347(1) of the Criminal Act applicable to the crime, Article 347(1) of the Selection of Punishment Act ( comprehensively including fraud), Articles 356 and 355(1) of the Criminal Act ( comprehensively referred to as "business embezzlement"), and each choice of imprisonment with labor;
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;
1. Article 62 (1) of the Criminal Act (The consideration of favorable circumstances under paragraph (2) of the same Article);