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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
Reasons
1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the lower court’s imprisonment (one year of imprisonment) against the Defendant is too unreasonable.
2. In light of the judgment, each of the crimes of this case is a large amount of damage that the Defendant acquired by deceiving the victim by deceiving the money by taking advantage of the trust relationship with the victim to purchase real estate, etc. Nevertheless, the Defendant paid the victim cash of KRW 16 million and KRW 14 million of the Mali-gu’s Mali-gu’s Mali-gu’s Mali-si’s Mali-si’s Mali-si’s Mali-si’s Mali-si’s Mali-si’s Mali-si’s Mali-si’s Mali-si’s Mali-si’s Mali-si’s Mali-si
However, in full view of the fact that the defendant has recognized all of the crimes of this case when he was in the trial and violated his wrongness, and that he has agreed with the victim by paying some of the money as above, that he has no record of punishment for the same kind of crime, and that there are other various sentencing conditions as shown in the records and arguments, such as the defendant's age, family environment, and circumstances before and after the crime, the sentence imposed by the court below is somewhat unreasonable.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.
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 column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. The relevant Article of the Criminal Act and Article 347(1) of the Criminal Act (the fraud of each of the facts of the crime in paragraphs (1) through (3)) concerning the crime, and the fraud of the facts of the crime in paragraphs (2) and (1) of Article 347 of the Criminal Act.