사기
The judgment below
The remainder, excluding the rejection of an application for compensation order, shall be reversed.
The defendant shall be punished by imprisonment for four months.
1. The summary of the grounds for appeal (the imprisonment of six months, the suspension of the execution of two years, the probation, and the community service order of 120 hours) of the lower court is too uneased and unreasonable;
2. The judgment of the court below seems to be not good to form a crime by deceiving a victim through deceptioning the money by using the trust relationship formed in the course of teaching the victim and elementary school creative relationship with the victim, and thereby, it seems that the victim's mental impulse is considerable. In addition to 1.3 million won paid during and after the commencement of the investigation, and 7.3 million won paid to the party after the commencement of the investigation, the damage was not recovered. In full view of all the circumstances indicated in the records of this case, such as the defendant's age, character, behavior, environment, etc., even considering that the defendant's mistake is against the principal offender, the court below's punishment is deemed unfair because it is excessively unreasonable.
3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed in accordance with 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 summary of the evidence recognized by the court are the same as the corresponding columns 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. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;