사기등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four months.
1. The main point of the grounds for appeal is that the lower court’s punishment (two months of imprisonment, two years of suspended execution, and one hundred and twenty hours of community service order) is too unhued and unreasonable.
2. In addition to the protective disposition against juveniles, there are no special criminal records except the protective disposition against juveniles, and there are circumstances favorable to the accused, such as the fact that the accused has been repented of his mistake at the latest.
However, the crime of this case is highly likely to be subject to criticism in that it used the trust of the lender in a pro-friendly relationship, and the attitude of deception is considerably poor, and the amount of damage is also 15 million won, and it cannot be deemed that the case is light.
Nevertheless, since no damage has yet been recovered, the sentence of the court below that sentenced the suspension of execution is too uneasible.
3. In conclusion, 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 as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns 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 Articles 347(1) and 30 of the Criminal Act concerning the facts constituting an offense, and the choice of punishment, respectively, Articles 231 and 30 of the Criminal Act, Articles 231 and 30 of the Criminal Act, Articles 234, 231, and 30 of the Criminal Act;
1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;