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The judgment of the court below is reversed.
As to the crime No. 1 of the judgment of the defendant, he shall be punished by imprisonment with prison labor for six months.
Reasons
1. The summary of the grounds for appeal (the first offense: imprisonment with prison labor for 6 months, and the second offense: imprisonment with prison labor for 1 year) declared by the court below is too unreasonable.
2. The crime of this case requires strict punishment of the Defendant, considering the following: (a) the Defendant, who engages in real estate brokerage business, entered in the sales contract a higher amount than the land sale price agreed upon by the Defendant; and (b) deceiving the Victim E, the buyer, who is the buyer, that the seller is urgently required to pay money; and (c) falsely deceiving the said victim, who has been in custody of the proceeds of sale by the Victim J, with all of his/her authority related to the sale; and (d) the crime is serious; and (e) the Defendant, who has been subject to suspended execution due to fraud, committed fraud against the Victim N.
However, the court below's punishment is somewhat unreasonable in consideration of all the sentencing conditions specified in the argument of this case, such as the defendant's age, character and conduct, family environment, etc., in light of the following circumstances, and all of the sentencing conditions specified in the argument of this case, such as the defendant's age, character and conduct, and family environment, as well as the fact that the defendant committed the crime of this case in the first instance trial, which led to the defendant's smooth agreement with the victims, and the crime of fraud against the victim E should be considered at the same time in relation to the crime of fraud for which judgment became final and conclusive and the crime of fraud against the victim E is concurrent crimes
Therefore, the defendant's argument is justified.
3. As such, the defendant's appeal is with merit, and 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.
Criminal facts
The summary of facts and evidence recognized by the court is the same as the corresponding column of the original judgment, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1.