사기
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 7,000,000.
The above fine shall not be paid by the defendant.
1. The decision of the court below on the gist of the grounds of appeal is too unreasonable.
2. In full view of the following: (a) all of the sentencing conditions shown in the records and arguments of the instant case and the Defendant agreed with the victim, and (b) the Defendant had no criminal record of imprisonment without prison labor or any heavier punishment, the lower court’s punishment is too unreasonable.
3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is justified, and the following is ruled again after pleading.
Criminal facts
The summary of the evidence and the facts charged by the defendant, recognized by the court, and the summary of the evidence, are as stated in the corresponding column of the judgment of the court below, except for the alteration of the defendant's partial statement (as of the 8th trial date) to the "written statement at the court of first instance" in the summary of the evidence of the judgment of the court below. As such, it shall be cited in accordance with
Application of Statutes
1. Relevant Article 347 (1) of the Criminal Act and Article 347 (1) of the Criminal Act and the selection of fines for criminal facts;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;