사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment with prison labor for up to six months.
except that, for two years from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal (eight months of imprisonment) by the lower court is too unreasonable.
2. The Defendant has the following disadvantageous circumstances:
The defendant has a record of being punished for a fine for fraud in 1997.
The amount obtained by the defendant from the victim is equivalent to 51 million won.
However, there are the following favorable circumstances for the defendant.
The Defendant is against the Defendant’s recognition of the instant crime, since it has reached the first instance.
As above, the Defendant has no record of being punished for a crime of fraud except for the punishment of a fine for a crime of fraud.
The defendant paid 30 million won to the victim and agreed with the victim.
In light of the sentencing conditions as shown in the argument of this case, including the circumstances favorable to the defendant, the sentence imposed by the court below was changed in the trial, resulting in the change in the sentencing conditions, so it was too unreasonable.
Therefore, the defendant's above assertion is justified.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.
[Dao-written judgment] The summary of facts constituting a crime and evidence recognized by this court is as follows. The summary of facts constituting a crime and the summary of evidence is as follows. Except where "1. The defendant's partial statement in court" in the summary of evidence is "1. The defendant's oral statement in court" is the same as the corresponding column of the judgment of the court below. Thus, it is accepted in accordance with Article 369 of the Criminal Procedure Act.
Around December 2017, the victim entered into a real estate sales contract for selling the instant land and buildings to H by introducing the Defendant from G Licensed Real Estate Agent Office located in the Republic of Korea, the G Licensed Real Estate Agent Office located in the Republic of Korea.
The defendant around that time, was "1.5 billion won for the purchase and sale" to the victim from the French land.