사기
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 6,000,000.
The above fine shall not be paid by the defendant.
1. The main point of the grounds for appeal is that the court below's imprisonment (eight months of imprisonment) is too unreasonable.
2. The crime of this case committed by the Defendant at the construction site of a nuclear power plant, as if the Defendant did not have the ability to exercise influence on the right to operate a restaurant and store in the construction site of a nuclear power plant, but had the ability to exercise influence on the right to operate the store, the crime of this case was committed by false statements and received KRW 250 million from the victim. Thus, the nature of the crime is not good.
However, at the time of the trial of the defendant, all of the crimes of this case were recognized and agreed with the victim, and there is no good health condition, such as elderly symptoms of the merger of urology, and the defendant tried to dispose of his own building and compensate for damage to the victims related to the brin restaurant including the victim of this case. However, due to the circumstances unrelated to the defendant's will, the normal sale of the building is unnecessary and the damage recovery is not properly performed due to wind which is sold at the point of dispersion. Since the crime of this case is related to the crime of fraud established on May 8, 2010 and the latter part of Article 37 of the Criminal Act concurrent crimes, it is necessary to determine the punishment in consideration of equity with the crime of which judgment became final and conclusive in accordance with Article 39(1) of the Criminal Act, and considering the motive and circumstance of the crime of this case, the defendant's character and conduct, and the circumstances that are the conditions of sentencing in this case, it seems that the judgment of the court below sentenced the punishment of the defendant.
3. Accordingly, the judgment of the court below is reversed under Article 364(6) of the Criminal Procedure Act, and the defendant's appeal of unfair sentencing is based on its reasoning.
Criminal facts
The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment of the court below.