사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
1. The decision of the court below on the gist of the reasons for appeal (two years of imprisonment) is too unreasonable.
2. The judgment of the court below is somewhat heavy in full view of various sentencing factors indicated in the instant case, such as the Defendant’s age, character and conduct, occupation and environment, background and result of the crime, and circumstances after the crime, even though it is acknowledged that the instant crime constitutes a repeated crime of the same kind, the amount of defraudation amount of approximately KRW 160 million is relatively high, and the Defendant did not agree with the victim. However, the Defendant’s mistake is against the victim while being dead, and the Defendant supplied steel equivalent to KRW 82 million to the victim, and the actual amount of damage to the victim is KRW 82 million, and the Defendant’s actual amount of damage is KRW 82 million. In addition, taking account of various sentencing factors indicated in the instant case, such as the Defendant’s age, character and behavior, occupation and environment, circumstance and consequence of the crime, etc.
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.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;
1. Article 35 of the Criminal Act among repeated crimes;