사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
1. The sentence (six months of imprisonment, two years of suspended execution, and 80 hours of community service) declared by the court below on the gist of the grounds of appeal is too unfasible and unreasonable.
2. The circumstances are favorable to the Defendant, such as the fact that the Defendant appears to have recognized and reflected the instant crime, and that the Defendant’s transaction partner failed to somewhat facilitate the amount of the construction cost, which appears to have been the cause of the instant crime.
However, the crime of this case is committed by the defendant under the condition that "I will complete the construction after the completion of the construction in which I will complete the loan to the victim, and he will complete the loan with the payment of the loan to the victim, which he received over 20 million won, under the name of the victim, and deceiving the victim for about 10 times as if he had repaid the loan to the victim, and using the money as necessary expenses, even though he received the payment from the customer, it is not sufficient to nature of the crime in light of the circumstances, methods, attitudes, results, etc. of the crime, even though the damage did not fall short of the size of the damage, it was not restored until about 5 years have passed since the date of the crime, and it was not possible to agree with the victim, it was also recognized that the defendant did not comply with the request of the investigative agency for attendance, and the defendant did not reach the age of the defendant for the crime of this case, and the defendant's motive, method and period of the crime of this case, and all other unfavorable circumstances after the crime of this case.
3. If so, the prosecutor's appeal is reasonable.