사기
1. The judgment below is reversed.
2. The defendant shall be punished by imprisonment for three months;
3.Provided, That it shall be for one year from the date this judgment became final and conclusive.
1. The summary of the grounds for appeal is unreasonable by the lower court’s imprisonment (three months of imprisonment).
2. The judgment of this case is not recovered, and the crime of this case is a crime against many unspecified persons who pretended to sell secondhand goods through the Internet and acquired the price through the Internet, and has a serious hazard, such as undermining the social trust in transactions through the Internet, and there are records of criminal punishment, such as punishment for a criminal offense of the same kind, which is disadvantageous to the defendant.
However, in full view of the factors of sentencing favorable to the defendant and other various factors of sentencing indicated in the records of this case, such as the fact that the defendant has once recognized the crime of this case, the amount of damage caused by the crime of this case is a small amount, the defendant will live with legitimate income in the future, and will not repeat the crime. The defendant's spouse is expected to change in the future, and the defendant's spouse is expected to change in the future, and the defendant's wife seems to have a social ties relationship, etc., the sentencing of the court below against the defendant is unreasonable.
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 facts charged and the evidence admitted by the court is as follows. The summary of the evidence is the same as the statement of the court below in addition to adding "1. The defendant's statement in court" to the first head of the evidence, so it is cited in accordance with Article 369 of the Criminal Procedure Act
Application of Statutes
1. Article 347 (1) of the Criminal Act and the choice of imprisonment with prison labor for the crime concerned;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act;
1. Probation under Article 62-2 of the Criminal Act;