사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
However, the above punishment for a period of two years from the date this judgment became final and conclusive.
1. The decision of the court below on the gist of the grounds for appeal is too unreasonable.
2. Although the sum of the judgment amount obtained by deception exceeds KRW 100 million, the damage has not been restored until now.
In addition, one defendant has been punished for the same crime.
Considering these circumstances, criminal punishment for the defendant is inevitable.
However, for the first time, the defendant does not repeat again after recognizing the entire crime of this case.
There are many things.
In addition, when the defendant was in the trial of the party, the injured party does not want to punish the defendant.
In addition, comprehensively considering the defendant's age, sex, environment, family relationship, motive, method, and consequence of the crime, it is judged that it is appropriate to take corrective measures in society to prevent the defendant from repeating a crime through community service instead of suspending the execution of the sentence once only. Thus, the punishment imposed by the court below against the defendant is too unreasonable.
3. According to the 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 well-grounded, and the following is ruled after pleading.
Criminal facts
The summary of the facts charged and the summary of the evidence admitted by this court is as stated in the corresponding column of the judgment of the court below, except for the addition of “1.1 Defendant’s oral statement” to the column for the evidence of the court below, and thus, the summary of the facts charged and the relevant evidence is cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, 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;
1. Article 62 (1) of the Criminal Act on the stay of execution ( normal consideration in favor of the above);
1. The community service order under Article 62-2 of the Criminal Act;