사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.
2. The judgment is based on the following facts: (a) the crime of this case was committed by deceiving the victim and defrauding KRW 200 million under the name of the security deposit for sale by proxy; (b) the act is not easy; (c) the amount of defraudation is also large; (d) the defendant confessions the crime of this case; and (c) the victim does not want punishment against the defendant by making an agreement with the victim at the time of the trial; and (d) the crime of this case is in the concurrent relationship between the first head of the crime of this case as stated in the judgment of the court below and the latter part of Article 37 of the Criminal Act with the crime of this case, the crime of this case must be considered at the same time in the concurrent relationship between the crime of this case as stated in the judgment of the court below and the crime of this case; and (e) other various circumstances, including the motive, age, character and conduct
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.
Criminal facts
The summary of the evidence and the facts charged by the defendant and the summary of the evidence recognized by the court are the same as the corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;
1. The latter part of Articles 37 and 39 (1) of the Criminal Act concerning the treatment of concurrent crimes (the crime at the time of sale and fraud for which judgment has become final and conclusive);
1. Article 62 (1) of the Criminal Act ( considered in favor of the parties in paragraph (2) of the same Article);