사기등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
However, for a period of two years from the date this judgment becomes final and conclusive.
1. Although the defendant's law on the defendant's assertion of unfair sentencing is not good, there are circumstances that may be considered in the course of the crime, as alleged by the defendant, and deposit KRW 38 million equivalent to the theft amount for the victim in the trial, and the damage recovery was almost made by the defendant through approximately 2 months' living in custody. In addition, considering the defendant's age, character and behavior, family environment, circumstances before and after the crime, and circumstances before and after the crime, and equality in the case where the defendant was judged at the same time as the judgment on the final judgment on the punishment became final, the court below's punishment is unreasonable.
2. 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
Criminal facts
The summary of the facts and evidence recognized by the court is the same as the corresponding part of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, Article 34 of the Criminal Act, Article 347 (1) of the Criminal Act, Article 228 (1) of the Criminal Act, Articles 229 and 228 (1) of the Criminal Act, Article 329 of the Criminal Act, Article 329 of the Criminal Act, the choice of punishment for the crime
1. The latter part of Article 37 and Article 39 (1) of the Criminal Act dealing with concurrent crimes;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act ( considered favorable circumstances in the above 1.1.);