사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
However, for three years from the date this judgment becomes final and conclusive.
In light of the summary of the grounds for appeal by the defense counsel (unfair form of punishment) that the defendant recognized the mistake of the defendant, 300 million won borrowed from the victim, all of the defendant's husband used M as business fund and there is no profit earned by the defendant, the defendant injured the victim, expressed the victim's intention not to be punished, and supported by the child living alone after divorce with her husband, etc., the sentence of the court below that sentenced 1 year and 6 months is too unreasonable.
Judgment
The defendant shows the attitude of recognizing and opposing the defendant's mistake when he was in the trial, and the defendant deposited KRW 120 million for the victim at the court below. In the trial court, the defendant additionally paid KRW 130 million to the victim and agreed to compensate the remainder of the damage amount in installments with the victim, and the victim expressed his intention not to be punished. On August 30, 2013, the defendant did not have any history of criminal punishment except for the defendant who received a fine of KRW 1 million due to the crime of violation of the Road Traffic Act in the Suwon District Court within Suwon Branch of Suwon District on August 30, 2013, the defendant's age, character and behavior, environment, family relationship, motive and background of the crime, degree of damage, and circumstances after the crime, etc., the above argument is deemed unfair since the court below's punishment is inappropriate.
As the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following is ruled again.
Criminal facts
The summary of the evidence and the criminal facts of the defendant and the summary of the evidence are as follows, except for adding "1. The defendant's oral statement at the trial" to the summary of the evidence, and therefore, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Criminal facts;