사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
1. The gist of the grounds for appeal is too unreasonable that the original court’s imprisonment (eight months of imprisonment) is too unreasonable.
2. It seems that the amount of fraud in this case is not so much and a significant portion of the amount of fraud is not recovered.
However, in full view of the following facts: (a) the victim has not been punished against the defendant by agreement with the victim; (b) the repayment of KRW 40 million out of the amount of damage to the victim after the pronouncement of the judgment of the court below; and (c) other factors of sentencing as shown in the argument of the case, the sentence imposed by the court below
Therefore, the defendant's argument is justified.
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.
[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to facts constituting a crime and summary of evidence, and thus, the summary of evidence is identical to each corresponding column of the judgment below. Thus, it is acceptable in accordance with Article 369 of
Application of Statutes
1. Determination of punishment by taking into account the pertinent Article of the Criminal Act, Article 347(1) of the Criminal Act, and the various sentencing conditions prior to the grounds for sentencing choice of imprisonment, prior to the sentencing of punishment.