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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
1. The main point of the grounds for appeal is that the lower court’s punishment (six months of imprisonment) is too unhued and unreasonable.
2. The fact that there is no criminal history exceeding the judgment fine is favorable to the defendant.
On the other hand, this case is that the defendant would purchase the victim's telecom.
On the other hand, there is a great need for severe punishment against the Defendant, considering the following: (a) the Defendant, while making a false statement as to the victim’s ability to repay the amount of damage even until three years has passed since the Defendant continued to commit the crime; (b) the victim had a history of criminal punishment of a fine of five times due to fraud; (c) the Defendant was subject to criminal punishment of a fine of five times due to fraud; and (d) the Defendant requested a sentence to reach an agreement among the judgment of the lower court and attempted to flee, taking into account the unfavorable circumstances, such as: (a) the amount of the charged damage, in addition to KRW 17,967,410, many financial expenses incurred in the course of performing the contract with the Defendant and preventing the Defendant from properly operating the above telecom.
In full view of such circumstances and other circumstances as the Defendant’s age, sex, environment, and circumstances after the commission of the crime, the lower court’s punishment is deemed unreasonable and unreasonable.
3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided after pleading as follows.
[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are as stated in each corresponding column of the judgment below. Thus, it is in accordance with Article 369 of the Criminal Procedure Act.