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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment with prison labor for four months.
Reasons
1. The sentence imposed by the court below (six months of imprisonment) on the defendant is too unreasonable.
2. The judgment of the Defendant merely thought that he would have transferred a siren vehicle to his name in return for the transfer of it, and that he would not normally have the intent or ability to pay the siren costs, but deceiving the employees of the victim slot Co., Ltd., and was handed over by deceiving the employees of the company of the company of the victim to ice a siren contract with the total market price of KRW 4,622,00,000, and the nature of the crime is not less complicated.
The damage of the victim reaches KRW 4,622,00 and the agreement with the victim was reached or the damage was not completely recovered.
On the other hand, the defendant recognized the crime of this case and reflected it.
The defendant is an elementary offender who has no record of criminal punishment.
The defendant paid a total of KRW 10,760,000 to the deposited money by making two sirens from the damaged person, and deposited KRW 10,000 to the injured person for the first time.
It seems that the defendant did not have any profit from the crime of this case, and the crime of this case is committed due to economic lack.
In full view of the above circumstances and other conditions of sentencing, such as the Defendant’s age, sex, occupation and environment, motive and background of the crime, and circumstances after the crime, etc., the sentence imposed by the lower court is too 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, and the judgment below is ruled again as follows.
[Judgment in other words] On September 18, 2015, the Defendant entered into a contract to set up the monthly rent of KRW 1,18,000 between September 25, 2015 to September 25, 2015 and September 25, 2019 between the D, who is an employee of the Defendant, Dongdaemun-gu Seoul and 101 Dong 1602, and the Defendant: (a) concluded a contract to set up the monthly rent of KRW 1,18,000 between September 25, 2015 and 48 months.
However, the facts are.