사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than five months.
1. According to the records of the judgment on the prosecutor’s appeal, the prosecutor, who is dissatisfied with the judgment of the court below on May 17, 2016, submitted a petition of appeal and a written reason for appeal to this court along with a petition of appeal and a written reason for appeal to this court, stated in the column of the scope of appeal in the petition of appeal as “the whole unfair sentencing” and in the column of the reason for appeal, “the same as the statement of the reason for separate appeal” in the column of the appeal. However, the above petition of appeal is accompanied by a statement of reason for appeal concerning other cases which are not superior to this case, and it is recognized that the reason for appeal in this case has been supplemented and submitted until July 1,
As such, the reason for appeal of another case attached to the petition of appeal cannot be deemed a legitimate submission of the reason for appeal of this case, and eventually, the reason for appeal of this case is that it was submitted after the lapse of the period for submission of the reason for appeal.
In addition, it cannot be deemed that the extent of stating only “the whole amount of sentencing” in the column for the scope of appeal in the petition of appeal cannot be deemed as stating the specific grounds for appeal (see Supreme Court Decision 2006Do2536, Apr. 24, 2008, etc.). Accordingly, it cannot be deemed as legitimate grounds for appeal.
Since the judgment of the court below does not have any reason for reversal ex officio, the prosecutor's appeal does not have any reason for further review.
2. Judgment on the appeal by the defendant
A. The summary of the grounds for appeal (unfair sentencing) is as follows: (a) due to the business depression of the automobile industry operated by the Defendant rather than intentionally deceiving the victim from the beginning; (b) the instant crime was committed; (c) all of the instant funds were used as operating expenses of the automobile industry company; (d) the Defendant did not have any money used individually; (e) the Defendant paid 100,000 won interest per month during the period from June 23, 2014 to April 29, 2015; and (e) the Defendant paid 11,00,000 won interest per month during the period from April 23, 2014 to April 29, 2015 to the victim; and (e) currently, the Defendant has been