사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
However, for a period of two years from the date this judgment becomes final and conclusive.
1. The sentence imposed by the court below (six months of imprisonment) shall be excessively unreasonable.
2. The lower court determined that the Defendant was not acquitted on the ground that the facts charged constitute a crime of fraud as stated in paragraph (2) of the crime committed against the victim H, on October 7, 201, and the fraud committed on November 17, 2011. However, the lower court determined that the Defendant was not acquitted on the ground that the facts charged constitute a crime of fraud as stated in paragraph (2) of the crime committed against the victim H, which the lower court found guilty.
As to this, the prosecutor did not appeal against the acquittal portion of the judgment of the court below, and only the defendant appealed against the conviction portion of the judgment of the court below, and the acquittal portion of the above reasoning goes beyond the object of the judgment of the court of this court, this court shall comply with the conclusion of the judgment of the court below as to the
3. The judgment is an unfavorable condition against the Defendant, inasmuch as the Defendant again committed each of the instant crimes without being aware of the fact that the Defendant had been punished several times due to the same crime, and even if the amount of damage is not so much, the Defendant did not agree with the heir of the victim D and the victim H.
On the other hand, it is reasonable that the punishment imposed by the court below is too unreasonable, considering all of the sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, character and conduct, motive, means and consequence of the crime, and circumstances after the crime, etc., as well as the fact that the defendant made confessions and reflects all of the crimes of this case, and paid the whole amount of damages to the victim D through additional deposits in the trial court, and most of the damages to the heir of the victim H were repaid to the defendant.
4. If so, the defendant's appeal is reasonable.