사기
The judgment of the court below is reversed.
Defendants shall be punished by imprisonment for one year and two months.
except that from the date this judgment becomes final and conclusive.
1. The summary of the reasons for appeal is that each sentence (one year and two months of imprisonment) declared by the court below to the Defendants is too unreasonable.
2. The crime of this case requires punishment corresponding to the Defendants’ liability for the crime in consideration of the fact that the Defendants conspired to commit the crime of this case by deceiving the Defendants as if the financing bill was a rush bill and by deceiving the victims as if the financing bill was a rush bill, and by taking account of the fact that the Defendants used the active means of deception in the course of committing the crime.
However, the defendants recognized the crime of this case when they were in the trial, and are against the law, and deposited KRW 10 million in the court below for the victim, and repaid the amount equivalent to KRW 50 million by completing the registration of transfer of ownership in the future to the victim with respect to the land owned by the defendants in the court below. The defendants transferred the remaining claims equivalent to the amount of damage to the victim and agreed upon the victim, and the damaged person does not want the punishment against the defendants, and there is no record of punishment against the defendants for the same kind of crime, considering the favorable circumstances, the court below's punishment is recognized to be unfair by taking into account various sentencing conditions shown in the arguments, such as the defendants' age, sex, environment, motive and circumstance of the crime, the means and result of the crime, etc., as the above argument by the defendant is with merit.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendants' appeal is with merit, and the judgment below is reversed and it is again decided as follows.
[Re-written judgment] The summary of facts constituting an offense and evidence admitted by this court is as follows: (a) except for the alteration of “1. The Defendants’ partial statement in court” to “1. The Defendants’ respective written statements in court” to “1. The respective corresponding columns of the judgment below are the same; and (b) the summary of facts and evidence admitted by this court is cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
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