사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
However, for a period of three years from the date this judgment becomes final and conclusive.
1. The sentence imposed by the court below (one year and six months of imprisonment) on the summary of the grounds for appeal is too unreasonable.
2. If the judgment of the court below comprehensively takes into account the following factors such as the defendant's age, health condition, and business and the background leading up to the crime of this case and the criminal record relation (three times of fines), the punishment sentenced by the court below is unreasonable.
3. The defendant's appeal is without merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided after pleading as follows.
[Re-written judgment] The summary of criminal facts and evidence against the defendant recognized by the court is the same as that of each corresponding column of the judgment below, and thus, they are 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 reasons for the reversal of the sentence under Article 62(1) of the Criminal Act are specified as the Disposition, taking into account the following circumstances into account.