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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
The summary of the grounds for appeal by the defendant is that the sentence of the court below which sentenced the defendant one year and six months of imprisonment is too unreasonable.
In light of the circumstances leading up to the crime of this case, most of the damage amount caused by the Defendant’s crime of this case is not recovered in KRW 200 million. However, in light of the fact that the Defendant committed the crime of this case, the above sentence of the lower court is deemed to be unfair because it is too unreasonable, considering the following circumstances: (a) the Defendant deposited KRW 10 million for the victim after the closing of argument in this case; and (b) the Defendant made efforts to recover damage by depositing KRW 10 million for the victim; and (c) other circumstances that are conditions for sentencing, such as the Defendant’s age and family environment.
Therefore, 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 it is again decided as follows.
[C] The Criminal facts and the summary of evidence against the defendant recognized by this court are identical to the records in each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. The relevant legal provisions on criminal facts and the reasons for sentencing of Article 347(1) of the Criminal Act (Optional to Imprisonment) [the scope of recommending punishment] General Frauds in Type 2 (at least KRW 100 million, but less than KRW 500 million) and the mitigation area (from October to February 6) (the mitigation area): In the case where a person committed a willful deceptive act in an incomplete manner (the decision on the sentence of punishment) (the decision on the sentence of punishment). In the case where the person committed a willful deceptive act in the above reversal grounds, the punishment