사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
However, for one year from the date this judgment becomes final and conclusive.
1. The defendant asserts that the summary of the grounds for appeal is unfair because the court below's imprisonment (two years of suspended execution and eight hours of social service in six months of imprisonment) is too unreasonable.
2. The crime of this case is a situation unfavorable to the defendant, where the defendant acquired by deception the 30 million won from the victim, and the quality of the crime is not minor.
However, in full view of the following circumstances: (a) the Defendant fully repaid the amount of damage to the victim in the original judgment and the trial; (b) the Defendant has no record of punishment for the same kind of crime; and (c) the fact that there is a family member to support the Defendant; and (d) other circumstances favorable to the Defendant, such as the Defendant’s age, character and conduct, environment, motive and background of the crime; (b) means and method of the crime; and (c) the circumstances after the crime, etc.,
3. 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 rendered again.
[Discied Judgment] Facts constituting an offense and summary of evidence recognized by the court, and summary of evidence are as stated in the corresponding column of the judgment below.
(Article 369 of the Criminal Procedure Act). Application of law
1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;
2. Suspension of execution under Article 62 (1) of the Criminal Act (Considering circumstances, etc. favorable to the defendant incurred in the reversal reason);