사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
1. The sentence of the lower court (one-year imprisonment) is too unreasonable as to the gist of the grounds for appeal.
2. The judgment of the court below is an unfavorable circumstance to the defendant that the defendant deceivings victims to obtain loans and automobiles, and that there is a great damage to the defendant.
However, this case is a series of acts conducted to raise funds for the operation of the company at a time adjacent to the crimes entered in the judgment of the court below, and there is no need to consider the balance of sentence as well as the case where it is judged simultaneously with the above crimes. There is a need to consider the balance of sentence; the defendant has agreed with the side of the victim Athath Capital Co., Ltd.; the remaining vehicles excluding one bent vehicle among the acquired vehicles can be recovered from the side of the victim Athath Co., Ltd.; the defendant seems to have committed fraud; the reason of the occurrence of the business problem of the company that caused the defendant to go back to the crime of this case appears to have been a third party; the defendant is all led to the confession and reflect of all the crimes; the defendant's age, sex, motive, means and result of the crime, the circumstances after the crime, etc., and thus, the defendant's assertion is somewhat unreasonable.
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, and the judgment below is reversed and it is again decided as follows
[Re-written judgment] The summary of the facts constituting the crime of the lower judgment and the summary of evidence, except where the “victim Capital Co., Ltd.” is deemed as “victim Capital Co., Ltd.” as the facts constituting the crime of the lower judgment, are as stated in each corresponding column of the lower judgment, and thus, it shall be cited 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. The latter part of Article 37 of the Criminal Act, provided that Article 39, Paragraph 1.