사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
However, for a period of two years from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal (e.g., imprisonment with labor for up to eight months and two years of suspended execution) by the court below is too unreasonable.
2. The Defendant again committed the instant crime even though he had the record of punishment for the same kind of crime. After receiving the judgment of Cheongju District Court 2014Kadan17886 by proxy of the Defendant, the Defendant committed the instant crime on behalf of Cheongju District Court 2014Kadan1786, the Defendant did not exercise the claim, etc. based on the said judgment when the Defendant agreed with Cheongju District Court on behalf of Da, etc. on behalf of Da, etc. and agreed on the land, buildings, etc. of this case. After doing so, the Defendant prepared a written statement of cancellation of the security against the deposit in order to guarantee the suspension of compulsory execution of the said judgment and a written statement of waiver of immediate appeal on behalf of Da, etc., but the said judgment as executive title was transferred from the court with the right to claim the recovery of the said deposit from Cheongju District Court to the Defendant’s account, and the crime is considerably bad in light of the relevant criminal law or content.
However, after filing a claim for damages against C by the victim's side against the above act of fraud, the defendant received a judgment in favor of C, on behalf of C during the above lawsuit, a decision to revoke the above claim for damages by subrogation of C with respect to the 12.4 million won deposited by C in order to guarantee the suspension of execution of the judgment of the court of first instance on behalf of C during the above lawsuit, and it seems that most of the damage was recovered, and the defendant recognized and divided his mistake at the latest, and the health of the defendant is not good.
In full view of such circumstances and the Defendant’s age, character and conduct, environment, the background and consequence of the instant crime, and all the conditions of sentencing as shown in the instant pleadings, including the circumstances after the crime, the lower court was sentenced.