사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than three months.
1. In light of the purport of the grounds for appeal, the sentence imposed by the court below (five months) is too unreasonable in light of the following: (a) the defendant was committed in his criminal act and has his depth divided; (b) the defendant was endeavoring to reach an agreement with the victim; (c) the defendant is financially difficult to living with the victim; (d) the defendant supporting the mentally-class 2 father and the defendant's health is not good.
2. The crime of this case is not likely to be committed by deceiving 25 million won by abusing the trust relationship with the victim who is not the defendant.
The defendant paid 3 million won to the victim in the original trial, and 2.5 million won in the original trial, and agreed with the victim in the first instance trial, but the considerable part of the damage is still not recovered.
The defendant only has a record of being punished one time by a fine for a different kind of crime and has no record of being punished for the same crime.
The defendant is able to repent his mistake in depth and live faithfully without reoffending in the future.
In addition, in full view of all the sentencing circumstances shown in the records and arguments of this case, including the defendant's age, sex, environment, and motive for committing the crime, the sentence of the court below is judged to be unfair because it is unreasonable.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the judgment below is ruled as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are all identical to the facts stated in each corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. The punishment shall be determined as per the order, in consideration of the various circumstances described in Article 347(1) (Selection of Imprisonment) of the Criminal Act and Article 347(2) of the same Act concerning criminal facts;