사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (one year of imprisonment) is too unreasonable.
2. The fact that the acquired money by the Defendant in this case exceeds KRW 100,000,000, and the fact that it appears that the victim’s suffering was very severe because the damage was not repaid for a considerable period after the crime, etc. is disadvantageous to the Defendant.
On the other hand, it is against the defendant's recognition of his criminal act when the defendant was in the first instance, the defendant's original agreement with the victim that the victim does not want the punishment against the defendant, and the defendant does not have any record of having been punished more than the same kind of crime or suspended execution (4 times a fine for this crime) is favorable to the defendant.
In full view of the above circumstances and other circumstances that led to the instant crime, the Defendant’s age, character and conduct, family relationship, environment, occupation, etc., and the conditions of sentencing as shown in the records and arguments, the Defendant’s punishment imposed by the lower court is somewhat inappropriate, and thus, the Defendant’s allegation of unfair sentencing is reasonable.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.
[C] The summary of the facts of the crime of this case and the defendant's summary of the evidence of the crime of this case are the same as that of each corresponding column of the judgment of the court below, and they are cited as it is in accordance with Article 369
Application of Statutes
1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;
1. Grounds for sentencing under Article 62 (1) of the Criminal Act (see, e.g., grounds for reversal);
1. Scope of punishment: Imprisonment with prison labor for one month to ten years;
2. The range of the recommended sentencing guidelines (the decision on the recommended field) shall be the type of general fraud (the amount shall be at least 100 million won, and the amount shall be less than 500 million won).