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The judgment of the court below is reversed.
The punishment of the accused shall be four months by imprisonment.
provided that this ruling has become final and conclusive.
Reasons
1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (4 months of imprisonment).
2. The judgment of the defendant has repeatedly committed the crime of acquiring money by means of a false statement that is similar to lending money because a number of women in the same period of time is in which the account of the defendant was suspended from trading, and there are circumstances unfavorable to the defendant, such as the fact that the victim of this case is one of the persons damaged by such deception, and that the sum of the money acquired by deception from the victim through a series of several names between one month and one month is a large amount of money, but the defendant's mistake is recognized. The crime of this case is committed on October 10, 2012 by this court sentenced 10 months to imprisonment with prison labor and on February 7, 2013, it is necessary to consider cases and equality with the defendant at the same time due to a ex post concurrent relationship between the defendant and the latter part of Article 37 of the Criminal Act which became final on February 7, 2013, considering the circumstances that the victim did not want punishment and circumstances favorable to the defendant, the circumstances surrounding the crime of this case and circumstances that were committed before and after the defendant's age.
3. In conclusion, the judgment of the court below is reversed in accordance with 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 summary of the evidence recognized by the court are the same as the corresponding columns 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 Article 347(1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment.