사기
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 10,000,000.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal that the court below sentenced the defendant (one year of imprisonment with prison labor, three years of suspended execution, probation, and 120 hours of community service order) is undue;
(2) On the date of the first instance trial, the Defendant explicitly withdraws his assertion of misunderstanding of facts on the grounds of appeal; 2. The crime of this case committed by the Defendant is not less than the nature of the crime in light of the content and method of the crime; the amount of damage to the crime of this case exceeds the 61.3 million won; and the Defendant appears to have led to the crime of this case, which is disadvantageous to the Defendant.
However, in full view of the following circumstances: (a) the Defendant recognized the instant criminal facts in the first instance court’s trial, and recognized the Defendant’s error in its depth; (b) the Defendant did not have any profit actually acquired; (c) agreed with the victim; (d) the Defendant did not have any record of punishment for the same kind of crime; (b) balance with the general sentencing of the same or similar cases; and (c) the Defendant’s age, character and behavior, character and character, intelligence and environment; (d) the motive, background, means and consequence of the instant crime; (e) the circumstances after the crime was committed, criminal records, family relations, and economic circumstances; and (e) the Defendant’s punishment imposed by the lower court is somewhat unreasonable to maintain it as it is, and thus, the Defendant’s assertion is reasonable
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.
Criminal facts
The summary of the facts charged and the summary of the evidence admitted by the court are as follows: 1. The summary of the evidence is as stated in the judgment of the court below, except for adding "the defendant's oral statement" to "the summary of evidence" as stated in the reasoning of the judgment of the court below. Thus, Article 369 of the Criminal Procedure Act is applied