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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
Reasons
1. The sentence of the lower court against the accused (one year of imprisonment) is too unreasonable.
2. The Defendant led to loan-related affairs, and the Defendant committed each of the instant crimes during the period of repeated crime for the same kind of crime is disadvantageous to the Defendant.
On the other hand, the fact that the amount of profit actually acquired by the defendant is 4 million won, and that the defendant has reached the judgment of the party, which is the largest amount of damage, and that the above victim does not want the punishment of the defendant, is favorable to the defendant.
In the event that equity in sentencing with accomplices and other kinds of sentencing conditions in this case, such as the defendant's age, character and conduct, the environment, the circumstances and result of each of the crimes in this case, and the application of sentencing guidelines of the Sentencing by the Sentencing Commission (the decision of types) are committed repeatedly for an unspecified or large number of victims or for a considerable period of time, in the event that the Act on the Number of Crimes is extremely poor or the court is accused of a fraudulent act by deceiving the court in the trial, the same repeated offense area [the scope of recommendation] special aggravation area: in full view of imprisonment of 1 year to 3 years and 9 months, it is recognized that the sentence imposed by the court is too unreasonable, so the above argument is reasonable.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.
Criminal facts
The summary of the facts charged and the summary of the evidence admitted by the court are as follows: 1. The summary of the evidence added "the defendant's oral statement at the court below" to the summary of the evidence of the court below, except for the addition of "the defendant's oral statement at the court below" as stated in each corresponding column of the court below.
Application of Statutes
1. Criminal facts;