사기
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 5,000,000.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal is too unreasonable that the punishment of the lower court (one year of imprisonment for four months and one year of suspended execution) is too unreasonable;
2. The fact that the instant damage amount is not significant is an element of sentencing unfavorable to the Defendant.
However, in full view of the factors of sentencing favorable to the Defendant and other various sentencing conditions indicated in the records of this case, the lower court’s sentencing against the Defendant is unreasonable, in view of the following: (a) the Defendant repaid 8 million won out of the amount of damage inflicted by the lower court; (b) the Defendant agreed with the victim in the trial; and (c) the Defendant did not have any previous conviction in addition to the one-time suspended sentence due to a violation of the Juvenile Protection
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 facts and evidence recognized by the court is the same as that of each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Articles of the Acts and subordinate statutes concerning the facts constituting an offense, Article 347 (1) of the multiple-choice Act, and Article 30 of the Criminal Act;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the confinement of a workhouse;