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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
However, for a period of two years from the date this judgment becomes final and conclusive.
Reasons
[Judgment as to the grounds for appeal] The main points of the grounds for appeal (e.g., e., a fine of KRW 10 million) are too uneasible and unfair.
However, there are conditions favorable to the defendant, such as the fact that the defendant's mistake is recognized and reflected, and that there is no good health due to cerebrovascular diseases, etc.
However, the amount of damage of the victim C resulting from the instant crime reaches 18 million won in total, and the amount of damage has not been recovered except 2 million won among them, and the defendant was sentenced to a fine of 10 million won in 2010 after having been sentenced to imprisonment with prison labor in 2006 due to fraud, etc., and the defendant was sentenced to a fine of 10 million won in fraud in 2010. In addition, there are many criminal records, and considering all other circumstances that are conditions for sentencing in the instant case, such as the defendant's age, character and conduct, motive, means and consequence of the instant crime, etc., the sentencing of the court below is deemed to be unfair, and the prosecutor's above assertion is with merit.
If so, the prosecutor's appeal is reasonable. Thus, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.
[Grounds for the judgment] The facts constituting an offense and summary of evidence recognized by the court are identical to the facts constituting an offense and summary of evidence, and thus, the gist of evidence is identical to each corresponding column of the judgment of the court below. Thus, it is acceptable in accordance with Article 3
Application of Statutes
1. Relevant Article 347 (1) of the Criminal Act and the choice of punishment for the crime;
1. Suspension of execution under Article 62 (1) of the Criminal Act ( normal consideration in favor of the defendant in the ground for reversal);
1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc. of Social Service Orders;