사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
However, the above punishment for a period of two years from the date this judgment became final and conclusive.
1. The summary of the grounds for appeal that the lower court sentenced the Defendant (one year and six months of imprisonment) is too excessive and unfair (the Defendant explicitly withdrawn the assertion of mistake or misunderstanding of the facts on the second trial date). 2. In light of the content and method of the instant crime, etc., in light of the fact that the liability for the crime is not easy, and that the fraud amount is a total of KRW 4220 million, which is a large amount of money, is disadvantageous to the Defendant.
However, in light of the favorable circumstances such as the defendant's age, sex, environment, background and method of crime, circumstance after crime, and criminal record, etc., the court below's sentence is unreasonable, considering the following factors: (a) the defendant appeared to have committed the crime of this case when it comes to the trial; (b) the defendant did not have a conclusive intention to obtain fraud; (c) the victim was paid a considerable amount of money to the victim and the victim did not want to punish the defendant; (d) the defendant was in custody for three months or more; (e) the defendant was in the process of rehabilitation; (e) the company's manager should have an ability to be able to realize corporate rehabilitation; and (e) there was no record of punishment for the same crime; and (e) other favorable conditions of sentencing as indicated in the records and changes theory of this case, such as the records and changes of the case.
3. As such, 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 it is again decided as follows after pleading.
In addition, since the application for compensation by one applicant for compensation falls under a case in which the scope of the defendant's liability for compensation is not clear, it is decided to dismiss it in accordance with Article 32 (1) 3 and Article 25 (3) 3 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings.
Criminal facts
The summary of the facts charged and the evidence admitted by the court is "1. part of the defendant" in the summary of the evidence of the court below.