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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment with prison labor for up to six months.
Reasons
1. The summary of the grounds for appeal: The lower court’s punishment (one year of imprisonment and two years of suspended execution) is too uneasible and unreasonable.
2. In light of the fact that the Defendant’s overall mistake against himself, the Defendant fully repaid loans due to the use of computers and other fraudulent acts, and considering the interest nominal money paid to the victim in excess of the interest rate prescribed by the Interest Limitation Act, a considerable portion of the amount of damage caused by each of the instant crimes is deemed to have been repaid. Moreover, the Defendant promised to waive the right to return the lease deposit to the victim, and there is a minor child and a mother to be supported by the Defendant.
However, each of the crimes of this case committed several times for a considerable period against the victim's trust in which the defendant assisted and maintained friendly relations, and thus, the nature of the crime is not good. Damage from each of the crimes of this case is not recovered in entirety, and the defendant did not have been used from the victim. The victim complained of the economic and mental damage due to each of the crimes of this case and the defendant's serious damage recovery effort, and the victim is constantly seeking to pay severe punishment, and the defendant has a criminal record of the same kind including suspended execution.
In full view of these circumstances and other factors of sentencing, including the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, the lower court’s punishment is deemed to be too uneasible and unreasonable.
3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.
[Discied Reasons for Judgment] Criminal facts and the summary of evidence, as well as facts constituting a crime which are recognized by the court.