사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
However, for two years from the date this judgment becomes final and conclusive.
1. The gist of the grounds for appeal asserts that the court below's imprisonment (eight months of imprisonment) is too unreasonable.
2. The crime of this case is an unfavorable circumstance to the Defendant, where the Defendant, by deceiving the victim, received property from the victim, and the total amount of damage exceeds KRW 110 million.
However, in full view of the fact that the victim does not want the punishment of the defendant, the defendant partly repaid the amount of damage, and the remaining amount of damage is scheduled to be repaid in installments periodically, the defendant has no record of punishment for the same kind of crime, and the fact that the defendant is a family member to support the case, etc., circumstances favorable to the defendant have been taken into account, and other circumstances that the defendant was detained for more than one month in this case, including the defendant's age, character and behavior, environment, motive and circumstance of the crime, means and method of the crime, and circumstances after the crime, etc., the court below's punishment is unreasonable.
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 347 (1) of the Criminal Act and the choice of punishment for the crime;
2. Suspension of execution under Article 62 (1) of the Criminal Act (Considering circumstances, etc. favorable to the defendant incurred in the reversal reason);