사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
1. The sentence imposed by the court below (one year and two months of imprisonment) is too unreasonable.
2. The crime of this case by deceiving the Defendant that the Defendant had already imported and installed the machinery to the victim was making profits, and thus borrowing KRW 200 million in terms of the cost of installing the machinery, and the liability for the crime is not less severe, and the amount of fraud is very large, and there is no agreement even though the lower court and the first instance court provided an opportunity to agree with the victim several times, and the Defendant has a history of punishment including imprisonment for the same kind of crime, which is disadvantageous to the Defendant.
However, the fact that the defendant recognized the crime, and the development project of the mine of this case was conducted to some extent, and the court below paid approximately KRW 50 million to the victim, including the interest of the victim, and the defendant additionally deposited KRW 20 million in the court below and repaid KRW 5 million to the defendant is favorable to the defendant.
In addition, considering various sentencing conditions shown in the records and pleadings, such as the age, career, character and conduct, the background of the crime, and the circumstances after the crime, the sentence of the court below is too unreasonable.
However, in light of the above unfavorable circumstances, the sentence of sentence on the defendant is inevitable.
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 reasonable, and the following decision is rendered after pleading
【Discied Judgment】 The facts constituting a crime and the summary of evidence recognized by the court are all the same as the entries of each corresponding column of the judgment below. Thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. It shall be so decided as per Disposition for the reasons under the pertinent Article of the Criminal Act and Article 347 (1) of the Criminal Act or more of the choice of punishment;