Text
The judgment below
The remainder, excluding the rejection of an application for compensation order, shall be reversed.
The defendant shall be punished by imprisonment for two years.
Reasons
1. The summary of the grounds for appeal (two years and six months of imprisonment) by the lower court is too unreasonable.
2. The circumstances are that the Defendant, a sum of KRW 177,00,000,00,000 from two victims, obtained by deception, thereby causing a large amount of damage, and the victims did not take any measures to recover from damage, and the victims want to take a strict punishment against the Defendant, etc. are disadvantageous to the Defendant.
However, considering the fact that the defendant led to the crime of this case, there is no specific criminal power as well as the punishment by a fine prior to the crime of this case, and other sentencing conditions indicated in the records of this case, such as the defendant's age, character and conduct, family environment, motive, means and result of the crime of this case, the sentence of the court below against the defendant is too unreasonable.
3. The decision of the court below is reversed in accordance with Article 346(6) of the Criminal Procedure Act as the defendant's appeal is reasonable, and the judgment below is reversed and it is again decided as follows.
Criminal facts
The summary of the evidence and the facts charged against the defendant recognized by the court and the summary of the evidence are the same as the corresponding columns of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of the Criminal Act, Article 347(1) of the Criminal Act (the fraud of the victim C), Articles 347(1) and 30 of the Criminal Act (the fraud of the victim D), and the choice of imprisonment with prison labor, respectively;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;