사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than two years and six months.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (three years of imprisonment with prison labor) is too heavy or (three years of imprisonment with prison labor).
2. We examine both the judgment and the prosecutor’s respective unfair claims for sentencing.
The defendant is operating in common to prevent the accumulation of deficit and debt from returning the accumulated business body, and the defendant extended money to a large amount of damage (1.4 billion won) by being supplied with parts by the victims who are small and medium manufacturers, and the victims suffered a large difficulty.
It is not likely that the defendant's act of transferring the risk to victims due to the neglect of the defendant's rehabilitation of his business is not likely to be criticized.
However, in light of the circumstances of the crime of this case, there is room to regard the criminal intent of defraudation as dolusible, and there was a conflict with some victims in the trial.
It can be considered that there is a family member to support the defendant, or that there is no criminal record in addition to a fine for a different type of punishment once, etc. in favorable circumstances.
In addition to the above circumstances, considering various circumstances that are conditions for sentencing under Article 51 of the Criminal Act, such as the Defendant’s age, sexual conduct, relationship with victims, etc., the lower court’s punishment is unlimited and deemed unfair.
Therefore, the defendant's improper argument of sentencing is accepted and the prosecutor's improper argument of sentencing is not accepted.
3. As the appeal of the defendant is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal is again decided as follows (Although the prosecutor’s appeal is rejected, the prosecutor’s appeal shall not be dismissed separately from the order, so long as the judgment of the court below is accepted and reversed by accepting the defendant’s appeal). [The grounds of the judgment used again] Criminal facts and summary of evidence recognized by the court in this case are as follows: each “the defendant’s partial statement in the court room” in the summary of evidence of the court below.