beta
Text
The judgment below
The remainder, excluding the rejection of an application for compensation order, shall be reversed.
Defendant shall be punished by imprisonment for eight months.
Reasons
1. Summary of grounds for appeal;
A. The sentence of the lower court (eight months of imprisonment) is too unreasonable.
B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.
2. The lower court’s punishment is too unreasonable in light of the fact that: (a) additionally pays KRW 21 million to the victim B; and (b) considering that the heir of the victim H as the beneficiary deposits KRW 10 million with the victim H’s heir as the beneficiary, the lower court’s heir is too unreasonable.
3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following is ruled again after pleading.
[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by this court are identical to each corresponding column of the judgment below, except where "1. partial statement of the defendant" among "the summary of evidence" is changed to "1. The defendant's trial statement". Thus, it is acceptable to accept it as it is 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;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act;
1. In light of the reasons for the sentencing of Article 62-2 of the Social Service Order Criminal Act, considering the fact that the nature of the crime is inferior, the sum of the fraud amount exceeds 50,000 won, the fact that there is no agreement with the victims, the fact that there was a record of punishment for fraud, the fact that the amount of damage was repaid or deposited during the trial and the damage (principal) was recovered considerably, and the fact that the crime was recognized and reflected in the trial, the punishment is determined as per the disposition by taking into account the favorable circumstances.