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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.
However, for three years from the date this judgment became final and conclusive.
Reasons
1. The sentencing of the court below (one year and six months of imprisonment) is too unreasonable.
2. The crime of this case in determining the grounds for appeal is deemed to have been committed by acquiring feed on credit from the victim company continuously while recognizing the fact that the defendant was not capable of paying the price even if he was supplied with the feed from the victim company, and by defrauding the feed equivalent to KRW 465,125,620, and the quality of the crime is not somewhat weak in light of the size of the amount of
However, in full view of the following factors: (a) the Defendant confessions and reflects all the instant crimes in the trial; (b) the earth and sand fall, one of the causes for the Defendant’s failure to pay feed; (c) the Defendant agreed to the victim company in the lower trial; (d) the victim company additionally submitted a written application seeking the Defendant’s wife at the trial; (c) the Defendant did not have any criminal record exceeding the fine; and (d) other various sentencing conditions, including the Defendant’s age, character, character, environment, and circumstances after the crime, etc., the sentencing of the lower court is deemed to be too unreasonable, and thus, the Defendant’s assertion is reasonable
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 relevant column of the lower judgment is as stated in the judgment.
Summary of Evidence
Except for the change of “the Defendant’s partial statement” into “the Defendant’s legal statement”, the relevant column of the lower judgment is as indicated in the judgment.
Application of Statutes
1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment (generally, choice of imprisonment);
1. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. The scope of punishment by law: Imprisonment for not less than one month but not more than ten years;
2. Application of the sentencing guidelines [Determination of types] Fraud, general fraud, type 2 (at least KRW 100,000, less than KRW 500,000) (special-purposes) - Mitigation factors: willful misconduct.