사기
The judgment of the court below is reversed.
Defendants shall be punished by imprisonment for four months.
, however, from the date this judgment becomes final.
1. The summary of the grounds for appeal (e.g., 6 months of imprisonment and 2 years of suspended execution) against the Defendants are too unreasonable.
2. In the case of Defendant A, even though there was a history of the suspension of the execution of imprisonment with prison labor due to fraud, Defendant B appears to have been in charge of deception against the victim, and the Defendants’ crime was committed in a business and systematic manner is disadvantageous to the Defendants.
However, the occurrence of the damage in this case seems to have contributed to the victim's responsibilities purchased without sufficiently examining the ground of the green belt area. The defendants agreed with the victim in the trial, and the victim did not punish the defendants.
Considering the above circumstances and other conditions of sentencing as shown in the records and arguments of this case, such as the age, character and conduct, the environment, the circumstances after the crime of this case, and the circumstances after the crime, the lower court’s punishment against the Defendants is deemed to be too unreasonable.
Therefore, the above assertion by the Defendants is justified.
3. The judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendants' appeal is with merit, and the following decision is rendered again after pleading.
【Grounds for the Judgment of the Supreme Court which has been written] The summary of facts constituting a crime and evidence recognized by the court is identical to the description of each corresponding column of the judgment of the court below, thereby citing it as it is in accordance with Article 369 of
Application of Statutes
1. Relevant Articles 347 (1) and 30 of the Criminal Act and the choice of punishment for the crime (for the defendants), Articles 347 (1) and 30 of the Criminal Act;
1. Article 62 (1) of the Criminal Act, each of the suspended execution (the defendants);
1. Prior to the grounds for reversal of sentence under Article 62-2 of the Social Service Order Act (the defendants) the overall circumstances were considered.