사기
The judgment of the court below is reversed.
Defendant shall be punished by a fine of one million won.
The above fine shall not be paid by the defendant.
1. The gist of the grounds for appeal was to withdraw all the grounds for appeal stated in the grounds of appeal on the 8th trial date, and only maintain the allegation of unfair sentencing.
The punishment of the lower court (a fine of five million won) is too unreasonable.
2. The nature of the crime is not easy in light of the method of deception, the scale of damage, etc.
However, it was derived from the dispute over the monetary relationship between the wife and the victim, which was the subject of the judgment of the court, in full view of the fact that the defendant and his wife agreed to pay a considerable amount of money to the victim together with the victim, and other conditions of sentencing as shown in the records, such as the defendant's age, character and conduct and environment, the sentence of the court below seems to be too unreasonable.
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.
Criminal facts
The summary of the facts charged and the evidence admitted by this court is as follows: (a) the summary of the judgment of the court below is the same as the corresponding column of the judgment of the court below, except to change “the defendant’s partial statement” from “the summary of evidence” to “the defendant’s court statement” as “the defendant’s court statement at the trial.”
Application of Statutes
1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting a crime and Article 347 (1) of the Selection of Fine;
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;