사기
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 700,000.
The defendant does not pay the above fine.
1. The decision of the court below on the gist of the grounds for appeal (one million won of fine) is too unreasonable.
2. In full view of the unfavorable circumstances such as the fact that the defendant had a majority of criminal records of the same kind, favorable circumstances such as the fact that the defendant has divided and reflected his fault, and the amount of money obtained by the victim, age, character and conduct, character and conduct, intelligence and environment of the defendant, relationship with the victim, motive, means and consequence of the crime, etc., the punishment imposed by the court below is too unreasonable.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.
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 Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;
1. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).
1. Prior to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act, the sentencing conditions as set forth in the above order shall be determined by comprehensively taking account of the following factors.