사기등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than five months.
However, for a period of two years from the date this judgment becomes final and conclusive.
1. The gist of the grounds for appeal is that the Defendant, who promised to lend, failed to repay the borrowed money to the victim due to the decline in the potential and appraisal of the business operator who promised to lend, and agreed with the victim, and the instant crime is a final crime and ex post facto concurrent crime, etc., the Defendant’s punishment (five months of imprisonment) sentenced by the lower court is too unreasonable.
2. The Defendant appears to have an attitude of recognizing and opposing his mistake when it comes to the trial. The Defendant made efforts to repay the damages of this case, such as making a installment repayment agreement on the amount of damages of this case and paying some amount, etc., which is favorable to the Defendant, and there is also need to give the Defendant an opportunity to repay the anti-discrimination and the borrowed money through treatment in society instead of isolation of the Defendant.
In addition, comprehensively taking account of the circumstances leading to the instant crime and the circumstances following the instant crime, the Defendant’s age, environment, family relationship, etc., as well as the various conditions for sentencing as shown in the records and arguments, and the facts that the instant crime is concurrent crimes with the crime of breach of trust, etc. finalized on September 5, 2013 and the latter part of Article 37 of the Criminal Act, which simultaneously take into account the equity in cases where the judgment was received, the sentence imposed by the lower court is too
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.
[Dao-written judgment] The facts constituting an offense and the summary of evidence recognized by the court and the summary of evidence are identical to the facts in each corresponding column of the judgment below, except for the alteration of Defendant A’s partial statement in the first trial record of the judgment of the court below to Defendant A’s statement in the first trial record of the judgment of the court below as Defendant A’s statement in the first trial record of the judgment of the court below. As such, it is cited in accordance with
The laws and regulations;