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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for a term of one year and two months.
Reasons
1. The summary of the grounds for appeal (e.g., imprisonment and one year and six months) imposed by the court below is too unreasonable.
2. It is inevitable to sentence the Defendant’s sentence on the grounds of appeal on the ground that the case where the amount acquired by deception by the Defendant reaches KRW 350,000,000, etc. is not easy and the damage reimbursement has not been properly made after the commission of the crime.
However, on the other hand, since the defendant and his family have repaid a total of KRW 250 million and the defendant's children have jointly and severally guaranteed the return of the above fraudulent money at the time when the victim agreed with the victim, the seizure of the victim is currently paying a certain amount of money from the defendant's child's child's salary, the defendant recognizes his mistake and reflects depth. Although the defendant has the history of punishment for the same kind of crime, it is sentenced to a suspended execution in around 2002, which has no record of punishment for the same crime, and thereafter there has been no record of punishment for the same kind of crime, and considering all other circumstances that are conditions of the argument and the judgment in the records of this case such as the defendant's age, character and behavior, environment, motive, means and result of the crime, etc., the sentence imposed by the court below is somewhat inappropriate.
Therefore, the defendant's argument is justified.
3. In conclusion, the defendant's appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following decision is rendered again.
[Discied Judgment] Criminal facts and summary of evidence recognized by this court and summary of evidence are the same as that stated in each corresponding column of the judgment below, and thus, they are quoted as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 347 (1) of the Criminal Act applicable to the crimes;