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The judgment below
The part against the defendant shall be reversed.
A defendant shall be punished by imprisonment for not more than ten months.
Reasons
1. The summary of the grounds for appeal (e.g., imprisonment with labor and two months) of the lower court’s sentence against the Defendant is too unreasonable.
2. The crime of this case was committed by the defendant in collusion with the victim B by deceiving the victim in an active way and let the victim perform the civil engineering work equivalent to KRW 178 million in the market price. In light of the Criminal Procedure Act and the degree of damage, etc., the crime of this case is not less than less than 10,000,000, and there are unfavorable circumstances such as the defendant's failure to pay damages to the trial up to the trial. However, although there is no agreement with the victim because the defendant did not properly pay damages, the defendant is making confession in the trial and is against himself in depth, and the defendant is paying part of the construction cost to the business operator who performed the construction work by receiving a subcontract from the victim, and the defendant deposited 34,00,000,000 for the victim, and taking into account the motive and circumstance leading up to the crime of this case, the defendant's age, character and nature, environment, etc., the punishment of the court below is too unfair.
3. In conclusion, the part of the judgment of the court below against the defendant is reversed pursuant to Article 364 (6) of the Criminal Procedure Act as the defendant's appeal is with merit, and it is again decided as follows.
Criminal facts
The summary of the criminal facts and evidence against the defendant recognized by the court is identical to each corresponding part of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Articles 347(1) and 30 of the Criminal Act concerning the crime, the choice of punishment, and the choice of imprisonment;