사기등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
1. The gist of the reasons for appeal is that the original court’s punishment (one year and six months of imprisonment) is too unreasonable;
2. In light of the following facts: (a) the amount of damage in this case was not so significant; (b) the Defendant did not reach an agreement with the victim; and (c) the Defendant did not transfer the ownership of the loan in this case to a third party after the Defendant received a request for the return of the deposit for lease from the victim; (b) however, there is no circumstance after the instant crime was committed; (c) the Defendant was unaware of the money by deceiving the victim with bad intent from the beginning; and (d) the Defendant was punished four times, but was not punished for the same kind of crime, the lower court’s punishment is deemed unreasonable.
3. Accordingly, the judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the appeal by the defendant is well-grounded.
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 punishment for the crime, Article 347(1) of the Criminal Act, Article 231 of the Criminal Act, and Articles 234 and 231 of the Criminal Act: The choice of imprisonment with prison labor;
1. From among concurrent crimes, the sentencing period under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act is applicable to crimes 1 (Fraud) [the scope of recommending punishment] under the basic area (1 to 4 years) of types 2 (at least KRW 100 million, but less than KRW 500,00) of the General Fraud (at least KRW 100,00) [the scope of recommending punishment] under the second crime (private document] without any special person [the scope of recommending punishment] under the basic area (6 to 2 years) of category 1 of the private document forgery, alteration, etc. of the private document [the scope of recommending punishment] under the second aggravated punishment for multiple crimes without any special person [6 months to 2 years]: one year to 5 years [decision of sentencing]. The sentence is ordered as per Disposition taking into account both factors of sentencing described above.