사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
However, for one year from the date this judgment becomes final and conclusive.
1. The sentence imposed by the court below (six months of imprisonment) on the defendant is too unreasonable.
2. It is reasonable that the judgment amount obtained by deception is KRW 70,000,000 and is disadvantageous to the defendant.
However, in full view of various circumstances, including the confession and rebuttal of the defendant, the criminal records exceeding the fine, the fact that there was no previous conviction or previous conviction, and the fact that the defendant seems to have repaid most of the amount of damage suffered by the victim in the course of the trial, etc., the punishment sentenced by the court below is unreasonable.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.
[Discied Judgment] The facts constituting an offense and summary of evidence recognized by the court are identical to the facts constituting an offense and summary of evidence, and thus, the gist of evidence is identical to each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 3
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;