사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
except that the ruling shall be made for one year from the date of the final judgment.
1. The summary of the grounds for appeal (e.g., imprisonment) by the lower court (e., six months of imprisonment) is too unreasonable.
2. The crime of this case, even if the defendant borrowed money from another person from around 2008 to 2009, the defendant made a false statement as if he would promptly repay the borrowed money to the victims under the absence of the intent or ability to repay it, and received KRW 33,40,000,000 from the victim E, and received KRW 59,40,000,000 from the victim E. As the victims were aware of the crime of this case prior to the crime of this case, it is not good that the defendant committed the crime by taking advantage of the relationship with the victims, and by taking advantage of the victim's trust and by taking advantage of a large amount of money, and thus, it is highly likely that the crime is not committed.
However, in full view of all the circumstances that form the conditions for the sentencing of this case as indicated in the record, such as the age, character and conduct, environment, motive and circumstances leading to the instant crime, and circumstances after the instant crime, the lower court’s punishment is deemed to be too unreasonable, and thus, the Defendant’s above assertion is reasonable.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.
Criminal facts
The summary of the evidence and criminal facts against the defendant recognized by the court and the summary of the evidence are the same as the corresponding column 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 Articles of the Criminal Act and Article 347 (1) of the Criminal Act concerning the facts constituting an offense;
1. Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;
1. Article 62 (1) of the Criminal Act on probation;