사기
The judgment of the court below is reversed.
In two months of imprisonment with prison labor for the crime No. 1 in the list of crimes committed by the Defendant.
1. The summary of the grounds for appeal is too unreasonable that each sentence (two months in prison and two years in prison: one month in prison) declared by the court below against the defendant is too unreasonable.
2. Each of the crimes of this case is the crime of acquiring money of KRW 30 million by actively deceiving the victim in order to use the victim as repayment of personal debt, etc., and the crime is not good.
However, the circumstances favorable to the defendant are also recognized, such as the fact that the defendant makes a confession of facts constituting an offense, and reflects the fact that the full amount of damage is repaid after the pronouncement of the judgment of the court below, and that the full agreement is reached with the victim, and that each of the fraud of this case should be considered at the same time in the concurrent relationship between each previous crime and the latter part of
Considering such circumstances and other circumstances as the defendant's age, character and conduct, environment, background and result of the crime, circumstances after the crime, etc., various circumstances, which form the conditions for sentencing as shown in the records and arguments of this case, are considered unfair.
3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.
Criminal facts
The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Handling concurrent crimes (the crime No. 1 and perjury, the crime committed on July 6, 2010, which became final and conclusive, the crime No. 2, and the crime committed on September 25, 2014, which became final and conclusive by the judgment of September 25, 2014, the fabrication of private documents, the uttering of a falsified investigation document, and between fraud) under the latter part of Article 37 and Article 39(1) of the Criminal Act
1. The sentencing of Article 62(1) of the Criminal Act is suspended.