사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
However, the above punishment shall be imposed for two years from the date of the final judgment.
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor and two months) of the lower court is too unreasonable.
2. In full view of all the sentencing conditions, including the Defendant’s age, occupation, character and conduct, family relationship, the details and circumstances of the instant crime, and the circumstances after the crime, the lower court’s punishment against the Defendant is deemed unfair.
Defendant’s assertion is with merit.
The circumstances that are disadvantageous: The sum of fraud amount to KRW 200 million; the fact that a significant part of the damage amount is not yet recovered; the defendant operated a normal point at the time and actively promoted the opening of the club; it is difficult to see that the defendant actively intended to defraud the victim; the defendant agreed to pay KRW 100 million to the victim; the defendant paid KRW 15 million during the trial (or the agreement to pay KRW 85 million until 2017), the victim did not want to be punished; the defendant has no record of punishment other than once, and the defendant has no record of punishment other than a fine.
3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the appeal by the defendant is well-grounded, and the following decision is rendered after pleading.
[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are the same as the entries of each corresponding column of the judgment 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, the choice of criminal punishment, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommending punishment]: Imprisonment from May to June 2; general fraud; type 2 (at least KRW 100,000, less than KRW 500). The negligence of mitigation area is intentional.