The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
1. The sentence imposed by the court below (ten months of imprisonment) is too unreasonable.
2. In view of the fact that the Defendant committed the crime of fraud in a planned and active manner by forging and presenting a document in order to deceiving the victim, the Defendant’s liability for the crime of fraud is not weak in view of the following: (a) the amount of damage is not a considerable amount of KRW 40 million; (b) the Defendant sent a letter of intimidation to the victim who heard that the victim would have repaid the money borrowed from the victim; and (c) the victim does not agree with the victim and thus the victim wants to punish the Defendant’s severe punishment.
However, in full view of all of the sentencing conditions indicated in the records and pleadings, such as the fact that the defendant recognized all of the crimes in this case, the first offender, the first offender, the deposit of KRW 9 million for the victim at the court below, the defendant's attachment, the additional repayment of KRW 10 million to the victim when the defendant was in the trial, the defendant's health is not good, and the defendant raises children careless, etc., the court below's punishment is somewhat unreasonable, and thus, the above argument by the defendant is reasonable.
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.
The summary of facts and evidence recognized by this court is identical to each corresponding column of the judgment of the court below, except where the "J" of the 3rd and 18th and 5th of the judgment of the court below as "C" is the same as that of the corresponding column of the judgment of the court below. Thus, it shall be cited as it is in accordance with Article 369 of the
Application of Statutes
1. Relevant Article 347(1) of the Criminal Act, Article 347(1) of the Criminal Act, Article 283(1) of the Criminal Act, Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, the choice of imprisonment for a crime
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;