사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
1. The main point of the grounds for appeal is that the court below's imprisonment (eight months of imprisonment) is excessively unreasonable.
2. The Defendant, even though he did not have purchased the second floor among J commercial buildings located in Seongbuk-gu Seoul Metropolitan Government I, by deceiving the victim as if he was aware of such purchase, and the quality of such crime was bad. However, the Defendant was found to have committed a crime in depth through confinement life for a considerable period of time and recognized all the charges of the charge, and the Defendant is against the Defendant’s preference through mutual consent with the victim during the trial of the case, and the victim wanted to take account of equity with the case of concurrent crimes under the latter part of Article 37 of the Criminal Act. The crime of fraud in this case and the crime of fraud for which the judgment became final on April 8, 2010, etc. must take into account the balance with the case of the Defendant at the same time in the concurrent crimes under the latter part of Article 37 of the Criminal Act; the Defendant’s wife and children must support the Defendant; other factors, the Defendant’s age, character and behavior, environment, motive and circumstances leading to the crime in this case, and the 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, and the defendant's appeal is with merit.
Criminal facts
The summary of the facts charged and the summary of the evidence admitted by the court are as follows, except for the addition of “the defendant’s trial statement” in the summary column of the evidence, since it is the same as the corresponding column of the judgment of the court below, they are cited in accordance with Article 369 of the Criminal Procedure Act
Application of Statutes
1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;
1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;
1. Article 62 (1) of the Criminal Act (General Consideration in favor of the above) ;