사기등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
However, for a period of two years from the date this judgment becomes final and conclusive.
1. The decision of the court below on the gist of the grounds of appeal by the defendant is too unreasonable;
2. The fact that the amount of defraudation of the instant case is not much than KRW 125 million, that the total amount of damage to the victims is not recovered, that the Defendant’s use of the fraudulent act is not good, and that the document forgery and uttering are repeated, etc. are disadvantageous to the Defendant.
On the other hand, the circumstances favorable to the defendant include: (a) the confession and reflect of the crime of this case; (b) the defendant has no record of punishment heavier than the suspension of execution; (c) the defendant sought a letter from the victim H and I in the first instance; and (d) the victims do not want to punish the defendant any longer; and (d) the mother and family members who should support the defendant have been employed
In addition, when comprehensively considering the scope of the recommended sentence according to the sentencing guidelines set by the Supreme Court sentencing guidelines, the sentence imposed by the court below is too inappropriate, considering the following factors: the defendant's age, character and conduct, environment, family relationship, motive and circumstance of the crime in this case, and circumstances after the crime in this case.
Therefore, since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act and the following decision is
[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting a crime and summary of evidence, and thus, the summary of evidence is identical to each corresponding column of the judgment below. Thus, it is acceptable in accordance with Article 369 of
Application of Statutes
1. Article 347(1) of the Criminal Act, Article 231 of the Criminal Act, Article 234, Article 231 of the Criminal Act, Article 234 and Article 231 of the Criminal Act, Article 232 of the Criminal Act, Article 232 of the Criminal Act, Article 234 of the selection of punishment for a crime (the point of exercising a falsified document, the point of preparing a qualification document, the choice of imprisonment), Article 234 of the Criminal Act, and Article 234 of the Criminal Act.