사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for a term of one year and two months.
The defendant shall be 39 million won to E who is an applicant for compensation.
1. The summary of the grounds for appeal that the court below sentenced the defendant (one year and six months of imprisonment) is too unreasonable.
2. In light of the fact that the judgment defendant acquired money from the victims by using a personal trust relationship, obtained a large amount of money from the victims, and paid damages only to the victims, and did not reach an agreement with the victims, it is necessary to strictly punish the defendant.
However, in light of various circumstances, such as the Defendant’s confession of the instant crime from the court below to the court below, and the Defendant’s mistake is against his own mistake, and there is no criminal conviction against the Defendant, and other circumstances, such as the character, conduct, environment, age, motive, circumstances, means and consequence of the instant crime, etc., the sentence imposed by the court below is somewhat unreasonable.
3. The defendant's charges of fraud against the applicant for compensation are found guilty, and the defendant also stated that he did not raise any objection to the amount of each application for compensation on the third trial date, the application of the applicant for compensation seeking compensation order of the amount acquired by deceit shall be quoted in the grounds.
4. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are all 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 Articles of the Criminal Act and Article 347 (1) of the Criminal Act concerning the facts constituting an offense;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 25 (1) and 31 of the Act on Special Cases concerning Litigation Promotion, etc. of Compensation Orders;