사기등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for two years.
Provided, That the above punishment shall be imposed for three years from the date this judgment became final and conclusive.
1. The punishment (two years and six months of imprisonment, and additional collection) imposed by the court below against the defendant in the summary of the grounds for appeal is too unreasonable.
2. In light of the frequency of the instant crime and the applicable law, the crime is not good, and the damage therefrom is not less than KRW 200,000,000,000, the Defendant’s punishment imposed by the lower court is somewhat unreasonable, as it appears that the Defendant’s punishment imposed by the Defendant is somewhat inappropriate, and that it is against the Defendant’s confession, and is contrary to the Defendant’s judgment, and most of the Defendant was agreed to have agreed with the victim during the trial. In light of the favorable circumstances, such as the Defendant’s life under confinement for more than eight months, and there was no criminal conviction for more than the same kind of criminal record or fine, and other favorable circumstances, such as the Defendant’s age, character and conduct, the background and consequence of the instant crime, and the circumstances after the crime, and all of the sentencing conditions
3. Thus, the defendant's appeal is justified, and the judgment of the court below is reversed and it is decided again 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. Article 347 (1) of the Criminal Act of each of the relevant laws concerning criminal facts, Article 109 (1) of the Attorney-at-Law Act (the point of handling legal affairs of persons other than attorneys-at-law), Article 231 of the Criminal Act (the point of handling private documents) and Articles 234 and 231 of the Criminal Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of each sentence of imprisonment;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act;
1. Article 116 of the Attorney-at-Law Act;