Text
The judgment below
Part of the compensation order, except the compensation order, shall be reversed.
A defendant shall be punished by imprisonment for four months.
Reasons
1. The summary of the reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.
2. The judgment on the grounds of appeal is that the Defendant repeatedly commits fraud through the same or similar multiple times by means of the same or similar multiple methods, which is not good in the number of crimes, the damage resulting from the instant crime is not significant, and the damage is not completely recovered, and the Defendant did not receive any remedy from the victims, and that the victims want to punish the Defendant is disadvantageous to the Defendant.
On the other hand, the fact that the defendant does not repeat again while opposing his mistake that he did not repeat again, that each of the crimes of this case does not seem to be a planned crime, and that the intention of the defendant's defraudation is deemed to have been dolusence, that the defendant has no criminal power for a considerable period after the previous punishment power, and that the defendant paid additional damages to the extent that the damage was recovered by the defendant, is favorable to the defendant.
In addition, considering the defendant's age, character, conduct and environment, motive, means and consequence of the crime, the circumstances after the crime and all of the sentencing factors in the process of pleading, the court below's punishment is somewhat inappropriate.
Therefore, the defendant's argument is justified.
3. As such, the defendant's appeal is reasonable, and the part of the judgment below excluding the compensation order is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows after pleading.
[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting a crime and summary of evidence, and thus, the summary of evidence is identical to each corresponding column of the judgment below. Thus, it is acceptable in accordance with Article 369 of
Application of Statutes
1. As to the fraud of the victim B, C, D, and E under Article 347(1) of the Criminal Code, the pertinent provision of the criminal facts and the choice of punishment.