사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment with prison labor for not more than ten months.
except that, for two years from the date this judgment becomes final and conclusive.
1. The main point of the grounds for appeal is that the lower court’s imprisonment (ten months of imprisonment) is too unreasonable.
2. The fact that the amount of defraudation by the defendant is not a total of 38 million won, and that the victim B wants to punish the defendant, which is disadvantageous to the defendant.
On the other hand, there are more favorable circumstances, such as the fact that the defendant led to the crime of this case, that there is no criminal record of the defendant and there is no criminal records exceeding the fine, that the defendant agreed with the victim F in the trial and deposited the victim B with the victim F, and that the total of KRW 23 million out of the acquired amount was agreed or deposited in the criminal, and that the defendant detained more than two months and sent the prison life until he received the decision to suspend the execution of detention due to aggravation of the disease.
In addition, considering the health conditions of the defendant, the background of the crime in this case, the circumstances after the crime, the age, character and conduct, and environment of the defendant in this case, various sentencing conditions shown in the arguments in this case, such as the defendant's health condition, the circumstances after the crime in this case, the defendant's age,
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.
Criminal facts
The summary of facts and evidence recognized 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. 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;