사기
The judgment of the court below is reversed.
Imprisonment with prison labor for a crime No. 1, which is set forth in the judgment of the defendant, for six months.
1. The summary of the grounds of appeal is that the court below's punishment (the crime of violation of No. 1: imprisonment with prison labor for one year, and the crime No. 2 of the ruling: 4 months) declared by the court below is too unreasonable in light of the following: (a) the defendant recognized all the crimes of this case; (b) the defendant committed the crime of this case; (c) the defendant again committed the same mistake while living in prison; (d) the victims do not want to punish the defendant; (e) the victims do not want to have been punished; (e) the amount the defendant received from the victims was actually used as operating expenses for the business; and (e) the victim D subcontracted the turd construction during AB remodeling; and
2. The judgment is based on the facts that the defendant's act of fraud against the victim'sO is committed during the period of the suspended sentence sentenced to fraud, and it is not good to the nature of the crime. The criminal records of the same kind of crime are good in the sentencing. However, when the defendant was in the first instance, the defendant recognized all of the crimes of this case at the time when he was in the first instance, in addition to those agreed with the victim C and theO, the remaining victims agreed with the victim D and agreed with all of them, and the victims want not to be punished, the victims want not to be punished, and the crime of fraud against the victim C and D should be considered at the same time in the relation of the latter concurrent crimes of Article 37 of the Criminal Act and the latter concurrent crimes of Article 37 of the Criminal Act. In full view of the judgment finalized on February 1, 2008 and the fact that the crime of fraud against the victim C and D should be judged at the same time, it is somewhat unreasonable to determine the punishment of the court below.
The defendant's assertion of unfair sentencing is justified.
3. The appeal by the defendant is justified, and the judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act and it is so decided as follows.
Criminal facts
Criminal facts and gist of evidence recognized by this court are stated in the judgment of the court below.