사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
Provided, That the above punishment shall be imposed for one year from the date this judgment becomes final and conclusive.
1. The sentence imposed by the court below (ten months of imprisonment) is too unreasonable.
2. The crime of this case was committed between December 27, 2010 and May 28, 2013 by the Defendant and nine victims, including the victim G, and the crime of this case was committed by defrauding KRW 6,2250,000,00 as a total of nine prepaid payments from the nine victims, including the victim G, on nine occasions, and the case is not easy, and the Defendant has been punished 11 times of a fine due to the crime of fraud in the past. In particular, the Defendant committed an additional fraud even while an investigation into, or under trial on, the prepaid fraud was conducted, at a disadvantage to the Defendant.
However, the defendant is living in custody for more than 3 months, and the defendant is living in depth against the defendant's mistake. At the court below, the defendant reimburses the victim L, Z, and AE of the victims in full, pays 2.5 million won out of the amount of damage 11 million won to the victim G, and pays 2.5 million won out of the amount of damage 5 million won to the victim W, and he additionally pays 1.5 million won out of the total amount of damage 5 million won to the victimJ, AJ, P, and AG, the total amount of damage , and 1.5 million won out of the above damage , to the victim W, 1.5 million won out of the above damage , the victim, Z, AE, AE, P, P, and AG are not punished against the defendant, and there is no penalty force beyond the fine, and considering all the circumstances that are favorable to the defendant in the records and arguments after the crime, the defendant's assertion that the above judgment below is justified.
3. If so, the defendant's appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following is ruled again after pleading.
Criminal facts
Criminal facts and the summary of evidence recognized by the court shall be as follows.