사기등
1. The judgment below is reversed.
2. The defendant shall be punished by imprisonment with prison labor for eight months;
3. 2,00,000 won shall be collected from the defendant.
1. The sentence imposed by the court below (one year of imprisonment, etc.) is too unreasonable.
2. In full view of the fact that the Defendant had been punished several times for the same crime, but the Defendant committed the instant crime during the period of repeated crime due to habitual fraud, etc., and the Defendant did not reach an agreement with the victims, although the amount acquired by the Defendant is not large, and the amount acquired by the Defendant is recognized as all the instant crime, and it is against the Defendant’s depth of mistake; the Defendant is the most likely to support the Defendant’s three children aged, and other circumstances that form the conditions for sentencing as indicated in the instant case, such as the Defendant’s age, character, character, environment, family relationship, etc., the sentence imposed by the lower court is too unreasonable.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.
Criminal facts
The summary of the facts charged and the summary of the evidence admitted by the court are as shown in each corresponding column of the judgment of the court below, except for the addition of “a statement made by the defendant in the court of first instance” to the summary of the evidence in the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 347 (1) of the Criminal Act, Article 347 (1) of the Criminal Act (Fraud), Article 109 subparagraph 1 of the Attorney-at-Law Act (the point of dealing with legal affairs of a person who is not an attorney-at-law), Article 350 (1) of the Criminal Act (generality and conflict), and the choice of imprisonment for each sentence;
1. Article 35 of the Criminal Act among repeated crimes;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. It is so decided as per Disposition on the grounds of the latter part of Article 116 of the Attorney-at-Law Act;