사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
However, the period of two years from the date this judgment becomes final and conclusive.
1. In light of the summary of the Defendant’s grounds of appeal (e.g., the Defendant’s mistake is against the Defendant, and the Defendant committed the instant crime with the wind that falls into the managerial crisis while operating the manufacturer, the Defendant committed the instant crime, the amount of KRW 40 million out of the amount of fraud was recovered from damage, and efforts were made to recover the remainder of damage, the sentence of the lower court that sentenced to one year of imprisonment is too unreasonable.
2. In light of the motive and background of the instant crime, the circumstances before and after the instant crime, the degree of damage, and other various matters stipulated in Article 51 of the Criminal Act, which are the conditions for sentencing, such as the Defendant’s personality and behavior, environment, etc., as shown in the records and arguments, the lower court’s punishment is deemed unreasonable, on the ground that it is determined that the Defendant’s punishment is unreasonable, and the above assertion is reasonable.
3. 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 based on its reasoning.
Criminal facts
The summary of the criminal facts and evidence of the defendant are the same as the entries in each corresponding column of the judgment of the court below. Therefore, all of them are cited in accordance with Article 369 of the Criminal Procedure
Application of Statutes
1. Relevant Article 347 (1) of the Criminal Act and the choice of punishment for the crime;
1. Article 62 (1) of the Criminal Act;
1. Article 25 (1) 1, and Articles 31 (1) and (2) of the Act on Special Cases concerning Litigation Promotion, etc. of Compensation Orders;