사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
1. As to the decision of the court below on the summary of the reasons for appeal (one year of imprisonment with prison labor), the defendant asserts that the defendant is too unfied and the prosecutor is too unfied and unfair.
2. In light of the following: (a) the Defendant has repeatedly committed the same offense even before and after having been sentenced to a fine in the same kind; (b) the Defendant is a final and conclusive intentional act; (c) the nature of the offense is inferior in light of his/her social status and the method of committing the offense using human relations with the victims; (d) the amount of damage is not more than KRW 90 million in total; and (e) the victim E appears to have considerable mental suffering, it is inevitable to punish the victim E
However, in light of the fact that the defendant seems to seriously reflect on the fact that there is no previous conviction exceeding the fine, the victim E is compensated and agreed to compensate for the amount of KRW 33 million up to the original trial, and the fact that the victim does not want to be punished by excessive consent from the rest of the victims in the trial, and other conditions of sentencing specified in the records and arguments of this case, such as the defendant's age, sex, career, environment, family relationship, motive, method of crime, and circumstances after the crime, etc., the court below's punishment is too unreasonable.
3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following judgment is rendered after pleadings, on the grounds that the defendant's appeal is reasonable.
Criminal facts
The summary of the evidence and the facts charged by the defendant and the summary of the evidence recognized by the court are identical to each corresponding part of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;