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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for two years.
Reasons
1. The summary of the grounds for appeal asserts that the defendant is too unaffortable due to the punishment sentenced by the court below (one year and six months of imprisonment), and the prosecutor asserts that it is too unaffortable and unfair.
2. That the defendant paid 100 million won to the victim as interest.
It shows that the transfer of the lease deposit deposit to the victim of KRW 50,000,00,000 to the victim was done, and that there was no criminal history except under the suspended sentence for this type of crime, and that there was suffering from dementia and depression to a certain degree of 66 years of age.
The fact that it appears is favorable to the defendant.
However, the defendant acquired a large amount of KRW 350 million from the injured party for a period of up to two years, which is a total of KRW 350 million, among which considerable part is that the injured party received the refund of termination of the insurance contract or borrowed the insurance terms and conditions loan.
The principal was not repaid at all except for the portion to be appropriated as the repayment claim of the above lease deposit, and the Defendant did not appear to have an advanced effort to recover damage in this case (i.e., withdrawal of the transfer claim of the above lease deposit in the court below, but the above claim was already made by the victim prior to filing a complaint against the Defendant, and was also made up of the money borrowed from the victim). Rather, the Defendant consistently denied the crime completely from the investigation stage to the date of the first trial, and criticizes the victim (i.e., submission of the reasons for direct appeal in the first trial). Considering such circumstances and all other circumstances revealed in the arguments, the sentence imposed by the court below is too unreasonable, and thus, it is accepted by the prosecutor’s assertion.
3. As such, the prosecutor’s appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act.