사기
The judgment below
We reverse the remainder other than the rejection of the application for compensation.
Defendant shall be punished by imprisonment for three years.
1. Although the defendant acknowledges the crime of this case, the crime of this case is against the recognition of the crime of this case by deceiving the victims by using friendly relationship. In particular, the victim C is a person with hearing disability and intellectual disability in the case of the victim C, and the husband of the above victim is also a person with cerebral 2 disability by brain color, and the defendant does not make efforts to fully compensate for damage by deceiving the socially weak and by deceiving the money of 350 million won or more, and the defendant has already been sentenced to a fine of one million won or more due to the crime of gambling and aiding and abetting in 2006, even though he had already been sentenced to a fine of one million won or more from the victims, he appears to have entered casino in this court in 206, and all of the facts and arguments of the crime of this case are considered to have been committed in gambling, and in full view of all the circumstances of the crime of this case including age, character and behavior, circumstances, criminal background, circumstances after the crime, etc., the defendant needs to be punished for imprisonment for six years or more.
2. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows after pleading.
( long as the judgment of the court below is reversed on the grounds that the appeal by the prosecutor is well-grounded, the defendant shall not be dismissed separately).
1. On January 201, 201, the Defendant against the victim C was aware of the victim C, who had a hearing impaired person, without any particular social experience, due to the low intellectual level, which falls short of the general public. The victim had property to a certain extent, such as deposit of at least KRW 200 million at the “E” restaurant located in Suwon-gu, Suwon-si, and savings of at least 10 million won at the “E” restaurant located in Suwon-gu, Suwon-si, while supporting and making efforts to support the children with the husband who suffered inconvenience with the husband and the disabled, thereby easily obtaining a sense of view solely based on a few subparagraphs.