사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
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. In full view of the fact that the defendant is in profoundly against the judgment, that the defendant has no criminal history of the same kind, that the defendant has paid KRW 50,000,00 to the victim for the first time in the trial, and that the remaining amount of KRW 58,50,000 to the victim is agreed to repay in installments in the future, and that the defendant's age, occupation, and all other matters concerning the sentencing specified in the records and arguments of this case are considered unfair since the defendant's punishment of the judgment of the court below is determined unreasonable
3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is justified.
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. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act on the suspension of execution;