사기등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
1. The sentence imposed by the court below on the defendant (one year of imprisonment) is too unreasonable.
2. In light of the fact that the Defendant, while acquiring money from the victim C and K, arbitrarily prepared a lease contract to raise awareness of the victims, presented it to the victims, etc., and that there is significant nature of the crime, and that the amount of money obtained by the Defendant from the victims reaches 8 million won in total and did not complete recovery of damage, it is necessary to strictly punish the Defendant.
However, in light of the following circumstances: (a) the Defendant generally recognized the instant crime; (b) reflects the Defendant’s mistake; and (c) partly damaged in the course of the trial; (d) the Defendant was the primary offender; and (e) the Defendant was committed by committing the instant crime; and (e) there are circumstances to consider the motive thereof; and (e) other various circumstances, such as the Defendant’s character and conduct, environment, age, background, means and consequence of the instant crime; and (e) the conditions for sentencing indicated in the record, such as the circumstances after committing the crime, it is unreasonable
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are all 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; Article 347(1) of the Criminal Act; Article 231 of the Criminal Act; Articles 234 and 231 of the Criminal Act; Articles 234 and 231 of the Criminal Act; the choice of imprisonment with labor for the crime;
1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes prescribed in the crime of fraud against C with the largest punishment and circumstances);