사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
The defendant shall obtain money from the applicant through deception 16,790.
1. The decision of the court below on the gist of the grounds for appeal (one year and two months of imprisonment) is too unreasonable.
2. The judgment of the defendant assumes a false will, give trust to the victims, and by deceiving them, and the crime is not good.
The victims E did not completely recover from the damage.
This is disadvantageous to the defendant.
However, the defendant recognized the crime of this case and against it, and paid the full amount of the money obtained by deception to the victim H.
This is the circumstances favorable to the defendant.
In full view of these circumstances and the various circumstances, which are the conditions for sentencing as shown in the records and arguments of this case, including the Defendant’s age, environment, sexual conduct, motive for the crime, and circumstances before and after the crime, etc. (at least 100,005, including the Defendant’s previous conviction in 190, 198, and 205) as a whole, the lower court’s punishment is somewhat unreasonable due to the following reasons: (a) the Defendant’s age, environment, sexual conduct, motive for the crime, and circumstances before and after the crime was committed; (b) the sentencing criteria for the establishment of the Sentencing Committee; (c) the Defendant’s previous conviction in 190, 198, and 205.
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 ruled again after pleading as follows.
[Reasons for the new judgment] The summary of the facts constituting the crime and evidence recognized by the court and the summary of the evidence related thereto are as follows: (a) according to the changes in the indictment in the trial of the party, the portion of the indictment attached to the judgment of the court of the court below which stated that "any money has been changed; (b)" among the contents of the deception Nos. 1 in the attached to the judgment of the court of the court; (c) "any money has been changed; and (d) there is a difference in money to purchase four shares; and (e) the portion of the deceptions No. 2 in the same crime list No. 2, "any money has been changed to purchase four shares of motor vehicles and to export them."