사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than two months.
1. The decision of the court below on the gist of the grounds for appeal (exemption from punishment) is too unfluent and unfair.
2. The judgment of the court below is a favorable condition that the defendant led to the confession of the crime of this case, the victim does not want the punishment of the defendant by agreement with the victim, and the crime of this case is to be decided at the same time in consideration of equity and the case of concurrent crimes after Article 37 of the Criminal Act between the crime of this case and the crime of this case which became final and conclusive first, while the defendant has the records of punishment several times due to the same crime of this case, and the crime of this case is committed at a time similar to each crime of this case which became final and conclusive first, although the amount obtained by deceit of this case is more than 47 million won (total 8,50 million won) compared to the amount obtained by deceit of the above final and conclusive judgment (total 80,50,000 won), the defendant is deemed to have been tried to recover damage for eight years after the crime of this case, and it appears to have reached an agreement only after being prosecuted as a complaint of the victim, and considering the age, sex, environment, motive, motive and circumstances leading to the crime of this case.
3. As a result, the prosecutor’s appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and it is again decided after pleading as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence admitted by this court is identical to the facts stated in each corresponding column of the judgment below. Thus, all of them are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;
2. The latter part of Article 37 of the Criminal Code for the treatment of concurrent crimes, provided that the latter part of Article 39 Section 1.