사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for a term of one year and four months.
1. The decision of the court below on the gist of the grounds for appeal (one year and six months of imprisonment) is too unreasonable.
2. The Defendant acquired 300 million won from the victim as investment funds, and the victim did not recover most of the damages because the amount of damage is much high.
However, when the defendant was in a trial, the defendant has recognized the crime and reflected it, and some of the projects related to the fraud have been carried out.
After committing the instant crime, the Defendant paid KRW 20 million to the victim, and paid KRW 30,50,000 to the party, thereby recovering part of the damage.
In addition, the sentence of the court below is deemed to be unfair because it is too unreasonable in view of various circumstances, such as the defendant's age, character and conduct, environment, motive and background of the crime, and circumstances after the crime.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act and the defendant's appeal is with merit.
[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are as stated in the corresponding column of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 347 (1) of the Criminal Act and Article 347 (1) of the Criminal Act (Fraud and Selection of Imprisonment);