사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
However, for a period of two years from the date this judgment becomes final and conclusive.
1. The main point of the grounds for appeal is that the court below's imprisonment (eight months of imprisonment) is too unreasonable.
2. The judgment of the defendant deleted the records of loans to the victims who were in a personal confidential relationship, or makes false statements as to job placements, etc., and thereby, the amount acquired by deceit from the victims reaches 47 million won in total. In light of the type of crime and the method of crime, the crime and the circumstances are inferior, and the victims suffered considerable pain, etc. are disadvantageous to the defendant.
On the other hand, it is advantageous to the fact that the defendant led to the crime and reflects the depth of the crime, that there was no criminal record of the same kind of crime or of the suspension of execution, other than the fine imposed three times for traffic crimes, and that some victims agreed with the court below, and that the remaining victims do not want the punishment of the defendant, even if they agreed with the court below.
Considering the above various circumstances, comprehensively taking into account the Defendant’s age, character and conduct, motive for the instant crime, means and consequence of the instant crime, and the circumstances after the crime, the lower court’s punishment is too unreasonable.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.
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 punishment for the crime, and the choice of imprisonment;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act (Consideration favorable circumstances in the front);
1. Social service order under Article 62-2 of the Criminal Act;