사기
The judgment of the court below is reversed.
The punishment of the accused shall be determined by three months of imprisonment.
1. The main point of the grounds for appeal is that the lower court’s imprisonment (six months of imprisonment, two years of suspended execution, and one hundred and twenty hours of community service) is too unhued and unreasonable.
2. A favorable circumstance is that the Defendant recognized his mistake and reflected his mistake, and that the Defendant appears to have tried to repay to the victim with the sale proceeds of the mountain ginseng.
However, considering the circumstances unfavorable to the defendant, such as the fact that the amount of deception obtained through the crime of this case is not more than KRW 12 million, the defendant did not recover damage to the victim at all until now, the defendant did not reach an agreement with the victim, and the fact that there was the record of having been sentenced to imprisonment for the same kind of crime, the age, character and conduct, environment of the defendant, the circumstances and result of the crime of this case, all the sentencing conditions specified in this case, such as the circumstances after the crime, and the scope of the recommended sentencing guidelines for the enactment of the Supreme Court Sentencing (general fraud, type 1 (less than KRW 100,00), type 1 (less than KRW 100,00), mitigation area (one month to one year), special mitigation person: the case where the defendant intentionally commits the act of deception or the case where the degree of the act of deception is weak), the sentence imposed by the court below
3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following is ruled again after pleading.
Criminal facts
The summary of the facts charged and the evidence recognized by the court is the same as the corresponding column of the judgment below, and thus, it shall be quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;