사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
1. The main point of the grounds for appeal is that the court below's imprisonment (eight months of imprisonment) is too unreasonable.
2. In light of the fact that the crime of this case was committed by the Defendant under the pretext of borrowing money from the workplace rent, and that the nature of the crime is bad in view of the method of crime and the relationship between the victims, the total amount of damage exceeds KRW 94,500,00,000, and the victim E wanted to punish the Defendant with severe punishment until the trial, it is recognized that it is necessary to punish the Defendant, and that a sentence of punishment is inevitable.
On the other hand, in full view of the following factors: (a) the defendant's time to commit the instant crime and commits a mistake is divided; (b) there is no record of criminal punishment; (c) the victim F was agreed with the victim; and (d) the victim E repaid the amount of KRW 35,70,00 to the victim; and (c) other various sentencing conditions as shown in the records and arguments, such as the defendant's age and behavior environment; and (d) circumstances before and after
3. If so, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following is ruled again after pleading.
Criminal facts
The summary of the crime and evidence against the defendant recognized by the court is identical to the corresponding column of the judgment below, and thus, it is 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. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;