사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
However, the period of two years from the date this judgment becomes final and conclusive.
1. The decision of the court below on the gist of the reasons for appeal (10 months of imprisonment) is too unreasonable.
2. Although it is recognized that there are many kinds of facts charged by the Defendant, such as the fact that the amount of the fraud, the fact that the amount of the fraud is not recorded, and the criminal records of the same kind of crime are committed on several occasions, it is recognized that all the facts charged were recognized by the Defendant, and that the Defendant deposited 75 million won for the victim at the court below and made every effort to recover damage by additionally depositing 80 million won for the victim at the court below, and that the Defendant made every effort to recover damage by taking into account all the facts pertaining to the sentencing as stated in the Defendant’s age, environment, background and motive leading up to the crime, circumstances after the crime, and other records and changes theory of this case, the punishment of the court below is recognized to be unfair, and therefore the Defendant’s argument of the punishment 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, and the judgment below is reversed and it is again decided as follows
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court is the same as the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the selection of criminal facts;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 62(1) of the Criminal Act on the suspension of execution (see, e.g., grounds for reversal);
1. The community service order under Article 62-2 of the Criminal Act;