사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four months.
1. Summary of grounds for appeal;
A. In fact-finding, the Defendant did not receive money for having the victims C’ children employed in the U.S. Embassy, but did not merely borrowed money from the victims, but the lower court erred by misapprehending the fact, thereby finding the Defendant guilty of fraud.
B. The sentence imposed by the lower court (six months of imprisonment) is too unreasonable.
2. Determination
A. In full view of the evidence duly adopted and examined by the court below as to the assertion of mistake of facts, that is, the victim stated that the victim had consistently expressed that he would be employed by the U.S. Embassy and provided money to the defendant. In full view of the fact that the investigation agency recognized that the defendant would allow the victim's children to work at the U.S. Embassy Office (in page 21 of the investigation record), the charges of this case can be acknowledged, and therefore, this part of the defendant's assertion is without merit.
B. The Defendant’s decision on the assertion of unfair sentencing denies the instant crime, and the fact that the victim’s damage has not yet been recovered is disadvantageous to the Defendant.
However, in full view of the following circumstances: (a) the Defendant did not have the same criminal power; (b) the amount of damage caused by the instant fraud (10 million won) is relatively small; and (c) the background, means and methods of the instant crime; (d) the result of the instant crime; (b) the circumstances after the instant crime; and (c) the Defendant’s age and happiness environment; and (d) the circumstances that are conditions for sentencing prescribed in Article 51 of the Criminal Act as stated in the records and arguments
Therefore, since the defendant's appeal is well-grounded, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following is ruled again.
Criminal facts
The summary of the evidence and facts constituting the crime recognized by the court and the evidence related thereto.