사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
However, the above punishment shall be imposed for a period of two years from the date this judgment became final.
1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (six months of imprisonment) is too unreasonable.
2. The defendant's crime of this case is judged that although the defendant did not have the intent or ability to allow the victim C to supply equipment with respect to the business of introducing network equipment conducted at Sejong City, he falsely expresses that he would allow the representative director of the victim to deliver the network equipment through the victim's person who knows that he would not want the defendant's punishment, and that he received the money from the victim for business expenses. In light of the amount of defraudation and the method of criminal acts, etc., the crime is very bad. However, although the crime is very bad, the defendant was found to have been denied in the court below, it is against the depth by recognizing the error of all the parts which he denied in the court below, and the defendant was the first offender who did not have the criminal power at all. The court below paid 15 million won in sum to the victim at the court below, and the victim tried not to have the defendant punished, and considering the victim's motive and circumstance that the defendant did not have caused the defendant to commit the crime of this case, circumstances that the defendant was committed before and after the crime of this case, the defendant's age, circumstances, occupation and circumstances, etc.
3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is well-grounded, and the following decision is rendered after pleading.
Criminal facts
The summary of the facts charged and the evidence admitted by this court is as follows. The summary of the evidence added "1. The defendant's oral statement" to the summary of the evidence of the court below, and thus, it is identical to each corresponding column of the court below's judgment. Thus, it is cited as it is in accordance with Article 369
The laws and regulations;