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 unreasonable because the sentence imposed by the court below on the defendant (one year of imprisonment, two years of suspended execution, and 40 hours of social service) is too uneased.
2. Although the defendant did not appeal against the judgment of conviction in the court below, the defendant and the victim agreed on the method of repayment of damage amount after the decision of recommending reconciliation in the civil procedure becomes final and conclusive, there is no criminal records of the defendant, and there are only the records of fines, etc. However, the amount of damage caused by the fraudulent act of this case was not significant. The court below deemed as an important positive sentencing ground that the defendant faithfully pays damage to the victim according to the above reconciliation recommendation decision. However, the defendant did not properly perform the above obligation from November 2014, 2014, which was after the decision of the court below was rendered, (the defendant paid only eight million won, which was due to the closing of argument in the court below), and is still not yet repaid, and there is no other agreement with the victim, and in full view of all the circumstances that constitute the conditions of the pleadings and the records of this case, such as the defendant's character and conduct, environment, motive and consequence of the crime of this case, the motive and consequence of the crime of this case, etc.
Therefore, the prosecutor's argument of unfair sentencing is justified.
3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.
Criminal facts
The summary of facts and evidence recognized by the court is identical to each corresponding part 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. Grounds for relevant Article of the Criminal Act, Article 347(1) of the Criminal Act, the choice of punishment, and the choice of imprisonment or heavier punishment;