사기등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
1. The summary of the reasons for appeal is that the sentence imposed by the court below (one year of imprisonment, three years of suspended execution, and 120 hours of community service) is too unhued and unreasonable.
2. The circumstances favorable to the Defendant include: (a) a passenger car volume subject to the crime of occupational embezzlement was recovered and the damage was recovered; (b) the occurrence of damage appears to have been partially responsible for H, the operator of the victim G; and (c) the Defendant had no record of having been punished for the crime of fraud before the instant case; and (d) there was no record of punishment exceeding the fine.
However, in light of the background, content, and method of the instant crime, etc., the liability for the instant crime is not easy, and the Defendant still did not have any attitude against the denial of some of the instant crimes (the part concerning fraud and occupational embezzlement against the victim G), and the amount of fraud was a total of KRW 50 million, not yet agreed with the victims, and the damage caused by the instant crime has not yet been recovered at all, and the damage caused by the instant crime was not recovered at all, and other unfavorable circumstances, such as the Defendant’s age, sex, environment, method, circumstance, circumstance after the instant crime, and criminal record, etc., and all the sentencing conditions indicated in the instant sentence and the changes theory, such as the Defendant’s age, sex, criminal conduct, crime method, circumstance after the instant crime, and criminal record, are considered as unfair.
Therefore, prosecutor's assertion is justified.
3. In conclusion, the prosecutor'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 it is again decided as follows after pleading.
Criminal facts
The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 347(1) of the Criminal Act (the fraud point, the choice of imprisonment), Articles 356 and 355(1) of the Criminal Act (the point of occupational embezzlement, and the point of criminal embezzlement) regarding criminal facts and the choice of punishment.