사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four months.
except that the ruling shall be made for one year from the date of the final judgment.
1. In light of the gist of the grounds for appeal by the defendant and his defense counsel against the mistake of the defendant, and the fact that the defendant's profit derived from the crime of this case is minor, the sentence of the court below that sentenced four months of imprisonment is too unreasonable.
2. The judgment of the court below reflects the defendant's wrong, and there is no record of criminal punishment except for punishment once by fine, and the defendant deposited KRW 10 million for the recovery of damage from the time of the trial. In light of the motive and circumstance of the crime of this case, the circumstances before and after the crime of this case, the degree of damage, and other various matters stipulated in Article 51 of the Criminal Act, which are conditions for sentencing, such as the defendant's character and behavior and the environment as shown in the records and arguments of this case, the sentence of the court below is deemed to be unfair, and therefore the above assertion is well-grounded.
3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the following judgment is rendered again after pleading.
Criminal facts
The summary of the criminal facts and evidence of the defendant are the same as the entries in each corresponding column of the judgment of the court below. Therefore, all of them are cited in accordance with Article 369 of the Criminal Procedure
Application of Statutes
1. Article 347 (1) or 30 of the Criminal Act concerning the relevant criminal facts and the fraud by means of a judgment of choice of punishment: Article 347 (1) or 30 of the Criminal Act;
1. Article 62 (1) of the Criminal Act on the suspension of execution;