Text
The judgment below
Part of the compensation order, except the compensation order, shall be reversed.
A defendant shall be punished by imprisonment for six months.
Reasons
1. The summary of the grounds for appeal is too unreasonable that the punishment of imprisonment (eight months) of the original judgment is too unreasonable.
2. The judgment of the court below is unfair in light of the following: (a) the victim B submitted a written application to the effect that the victim B would face the defendant before the trial; (b) the defendant was punished once by a fine for gambling; (c) the defendant has no criminal record except for the punishment imposed once; (d) the defendant led to the crime from the investigation stage; and (e) the defendant was living in custody for about four months; (c) even though the victim B received money from the victim B, the defendant requested K to deliver KRW 30 million to the victim for the recovery of damage caused by the victim F; (d) although the defendant requested K to consume for the delivery of the amount of KRW 6 million for his personal consumption; (e) the defendant was paid to the victim F; (e) the defendant was three children in need of support; and (e) the health of the first and third child is not good; and (e) the defendant's age, career, character and behavior, environment, motive, means and result of the crime; and (e) various conditions of the sentencing in this case after the crime.
3. In conclusion, the part of the judgment below excluding the order for compensation pursuant to Article 364(6) of the Criminal Procedure Act is reversed, and the defendant's appeal is again decided as follows after pleading.
【Grounds for the Judgment of the Supreme Court which has been written] Criminal facts and summary of evidence are all the facts constituting a crime recognized by the court, and the summary of evidence are the same as that of each corresponding part of the judgment of the court below. Thus, they are cited as it is in accordance with Article
Application of Statutes
1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;
1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;
1. The scope of punishment by law: Imprisonment for one month to fifteen years;
2. Scope of recommended sentences according to the sentencing criteria;
(a) Class 1 crime [Determination of Punishment] The general fraud [Type 1] is less than KRW 100 million.