사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
1. The summary of the grounds for appeal is too unreasonable that the sentence of one-year imprisonment sentenced by the court below to the defendant is too unreasonable.
2. The crime of this case is acknowledged that the defendant, although there is no intention or ability to transfer the forest land for which the actual sales contract was concluded, obtained by deceiving the victims with a total sum of KRW 200 million from the purchase price as if it would be possible to transfer the forest land ownership of the above forest land. In light of the method of crime and the degree of the amount of damage, etc., the case is not less complicated, and the defendant also used a considerable portion of the money he acquired from the victims as expenses not for the purchase price of real estate, which is the original purpose. The crime of planned real estate fraud in this case needs to be eradicated as a result of the so-called planned real estate fraud and thereby caused serious social and economic harm. It is not agreed with the victim I and H among the victims, and there is no doubt that the defendant is true against the authenticity of the crime.
However, the defendant recognized each of the crimes of this case, agreed with three victims among five victims, and for the rest of the victim I, 54 million won and 3,635,000 won and 21 million won and 1,365,000 won out of the acquired money for the victim H, and 2,738,000 won and 1,365,00 won out of the acquired money for the victim H, respectively, take measures to recover damage to a certain extent, and there is no history of criminal punishment heavier than imprisonment with prison labor, and there is no other history of criminal punishment against the defendant, and in full consideration of all other circumstances that are the conditions for sentencing as shown in the records, such as the defendant's age, environment, family relationship, circumstances leading to each of the crimes of this case, and circumstances before and after the crimes, it seems that the sentence of the court below is too unreasonable.
Therefore, the defendant's argument is justified.
3. Conclusion.