사기등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for seven months.
1. The gist of the grounds for appeal asserts that the punishment imposed by the lower court (eight months of imprisonment) is too unreasonable.
2. The crime of this case is a case where the Defendant arbitrarily disposed of and embezzled the container equivalent to KRW 2 million at the market price of the victim E while the Defendant leased and stored the container at a price of KRW 2,00,00,000 from the victim E, and acquired the sum of KRW 23 million through three times from the victim I, and where the victim I who was requested by the victim I to pay the above money by the victim I suffered an injury requiring medical treatment for about 14 days, and the Defendant committed the crime against the victim I, who is a Chinese employee working in his company, and the liability for the crime is not easy, and the Defendant has already been subject to criminal punishment over several times due to the violation of the Labor Standards Act, the crime of fraud, and the crime of injury. In light of the above, the sentence of sentence is inevitable.
However, considering the circumstances favorable to the defendant, such as the defendant's age, character and behavior, environment, motive and background of the crime, means and method of the crime, and circumstances after the crime, the sentence imposed by the court below is somewhat unreasonable, taking into account various circumstances, such as the defendant's age, character and conduct, environment, motive and circumstance of the crime, method and method, and circumstances after the crime, etc.
3. Since 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 decision is rendered again.
[Discied Judgment] Facts constituting an offense and summary of evidence recognized by the court, and summary of evidence are as stated in the corresponding column of the judgment below.
(Article 369 of the Criminal Procedure Act). Application of law
1. Relevant Article 355(1) of the Criminal Act (the point of embezzlement), Article 347(1) of the Criminal Act (the point of fraud), Article 347(1) of the Criminal Act, the Criminal Act;