사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for a term of one year and four months.
1. The gist of the grounds for appeal (unfair sentencing) is that the Defendant is deemed to have reached the final judgment, and only the fact that the lower court’s punishment (one year and six months of imprisonment) is too excessive and unfair.
2. The judgment below rendered a sentence of the above 1.1 in full view of the following facts: (i) the Defendant was at a disadvantage; (ii) the amount of damage from the instant crime exceeds KRW 380 million in total; and (iii) the amount of damage equivalent to KRW 250 million in total was not recovered; and (iv) there was no reflectivity as to the instant crime; (ii) there was no previous conviction beyond the same kind and fine in favorable circumstances; and (iii) the amount of damage was returned in excess of KRW 130 million in total; and (iv) the amount of damage was returned.
In light of the above unfavorable circumstances recognized by the court below, the sentence of punishment on the defendant seems inevitable.
However, in addition to the above favorable circumstances: (a) the Defendant appeared to be against the recognition of the facts charged in the instant case when the Defendant was in the first instance trial; and (b) with regard to the instant case in the judgment of the original court, there are KRW 50 million in the amount yet to be repaid; (c) however, with regard to the existence of the obligation to return, there is room for civil disputes as to the existence of the obligation to return, the term of punishment as determined by the lower court is too unreasonable, because it is too unreasonable.
Therefore, the defendant's argument of sentencing is justified.
3. If so, the defendant's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided after pleading as follows.
[Grounds for a new judgment] The summary of facts constituting an offense and evidence against the defendant recognized by the court is identical to the corresponding column of the judgment below, except for adding "1. Defendant's trial testimony" to each column of evidence No. 1 and No. 2 as stated in the judgment of the court below. Thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.