사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for up to eight months) of the lower court is too unreasonable.
2. Each crime of judgment is committed with the victim’s personal trust relationship, and the crime is bad in light of the background and method of the crime, etc., and the amount of damage exceeds KRW 120,450,00, etc. is disadvantageous to the defendant.
However, the court below's sentencing is too unreasonable in light of various circumstances that are favorable to the defendant, such as the motive, means and consequence of the crime, and the circumstances after the crime, etc. of the court below's sentencing in light of the following: (a) the defendant's mistake was recognized and reflected in the trial; (b) there was no history of punishment exceeding the punishment and fine imposed for the same kind of crime; and (c) the victims, including the victim L, do not want punishment against the defendant; and (d) there is room to take into account some of the details of the crime; and (e) the sentencing of 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 on the grounds that the defendant's appeal is with merit.
【Grounds for the Judgment of the court below, 【The facts constituting a crime and the summary of evidence admitted by the court below” are identical to the facts stated in the corresponding column of the judgment below, except where the “1. partial statement of the defendant” in Article 369 of the Criminal Procedure Act is changed to “1. The defendant’s trial court statement” as stated in the summary of evidence of the judgment of the court below. Thus, it is cited in accordance with Article 369
Application of Statutes
1. Relevant Article 347 (1) of the Criminal Act and Article 347 (1) of the Criminal Act (main sentence for each victim), the choice of imprisonment for a crime;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. The reasons for sentencing under Article 62(1) of the Criminal Act are as follows.