사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
1. The summary of the grounds for appeal is too unreasonable that the punishment of imprisonment (ten months of imprisonment) of the original judgment is too unreasonable.
2. It is a favorable reason for sentencing that the economic circumstance is difficult, such as the following: (a) the amount obtained by deception is not indicated as KRW 46.5 million; (b) the amount obtained by deception is not indicated as KRW 46.5 million; (c) the criminal records of the same kind have not been agreed with the victim; and (d) the criminal defendant deposits KRW 8 million for the victim at the trial; and (e) the confession of the crime is against the victim; (b) the payment of approximately KRW 7.3 million for three months; and (c) the exemption from immunity is granted without good health conditions due to urology, etc.
In light of the above sentencing factors, in full view of the Defendant’s age, family relation, background and motive leading up to the crime, and all other matters regarding the sentencing specified in the records and arguments of this case, the sentence of the lower judgment is recognized as inappropriate because it is without merit. Therefore, the Defendant’s assertion is with merit.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns 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. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;