사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
1. The decision of the court below on the gist of the grounds for appeal (one year and eight months of imprisonment) is too unreasonable.
2. The circumstances are that the Defendant is able to have a record of criminal punishment, including the previous criminal records before the suspension of the execution of the same kind, and that the sum of the acquired money of this case reaches KRW 17,000,000, and that the victim G has not been recovered from particular damage up to now, etc. are disadvantageous to the Defendant.
On the other hand, the fact that all of the crimes of this case are recognized by the defendant and are against his mistake, and that the victim is not wanting to be punished by the agreement with the victim D when it comes to the trial, etc. are favorable to the defendant.
Considering such circumstances as above and the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and various circumstances, which are the sentencing as shown in the records and arguments of this case, such as the circumstances after the crime, the sentence imposed by the court below is somewhat unreasonable.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and 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 as 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. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the facts constituting a crime (the choice of imprisonment with prison labor, inclusive, for each victim);
1. Of concurrent offenders, the sentence shall be determined as ordered by comprehensively taking into account the factors of sentencing prior to the reasons for sentencing under the former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act.