사기등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (ten months of imprisonment) is too unreasonable.
2. The judgment of the court below is unfair in light of the circumstances favorable to the defendant, such as the fact that the defendant issued a provisional coefficient mark for a short period of time, acquired money from the victims, immediately left Korea, and went away from the Republic of Korea for about 19 years, and that the amount of household checks issued by the defendant reaches 100 million won in total, and the victims' damage has not been completely recovered, but there are disadvantageous circumstances to the defendant. However, the defendant's mistake is recognized, and the defendant is a first offender who has no record of punishment, and the defendant was unable to reach an agreement or deposit due to unclear address of the victims, but it was impossible to reach an agreement or deposit with the religious organization, and other circumstances favorable to the defendant, such as the fact that the defendant made efforts to return to society the benefits derived from the crime of this case by contributing the amount of KRW 20 million to the religious organization, and other various circumstances, such as the motive and background leading up to the crime of this case before and after the crime, the defendant's age, character and behavior, occupation, family relationship, etc.
3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is well-grounded, and the following decision is rendered after pleading.
Criminal facts
The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 2(2) and (1) of the former Illegal Check Control Act (amended by Act No. 10185, Mar. 24, 2010) (amended by Act No. 10185, Mar. 24, 2010); Articles 347(1) and 30 of the Criminal Act (amended by Act No. 1010, Mar. 24, 201); and