사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
However, the above punishment for a period of one year from the date this judgment becomes final and conclusive.
1. On the summary of the reasons for appeal, the defendant asserts that the defendant is too unfasible with regard to the punishment sentenced by the court below (six months of imprisonment), and that the prosecutor is too unfased and unfair.
2. The Defendant, while serving as a director of the taxi company, acquired a total of KRW 35.5 million from four taxi drivers as loans.
However, at the time of the trial, the Defendant agreed with all victims. The instant crime ought to be considered at the same time as the judgment of the court below that became final and conclusive, and if comprehensive consideration of the Defendant’s age, occupation, family relation, etc. as indicated in the judgment of the court below and the parties’ arguments is given, the sentence imposed by the court below is unreasonable.
3. As a result, the appeal by the defendant is with merit, and the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and it is again decided as follows after pleading.
[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated in each corresponding column of the judgment below, and thus, they are cited 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. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. Where the scope of the recommended punishment [the scope of the recommended punishment] according to the sentencing guidelines is [the scope of the recommended punishment] and the area of mitigation (one month to one year) (the area of special mitigation) is reduced (one month to one year), the punishment is not imposed, or damage corresponding to a considerable portion is recovered;
2. The sentence shall be determined as per the Disposition, taking into account these circumstances in the reasons for reversal of the sentence above.