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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
However, for a period of two years from the date this judgment becomes final and conclusive.
Reasons
1. The sentence imposed by the court below (eight months of imprisonment) is too unreasonable.
2. The instant case is a case in which the Defendant acquired the Defendant’s total sum of KRW 68,455,00 from the victim by hiding the Defendant’s repayment of the existing obligation and the use as operating expenses of the contact center operated by him/her, and by falsely concluding that he/she purchased a heavy vehicle in Korea from the victim E, who is the head of the university, to sell it
The defendant committed the crime of this case using trust relationship with the victim, who was established in the university, and denied the fact that the victim borrowed money in relation to used cars from the victim until the victim submitted a record of recording to an investigation agency. The used cars business did not begin and used most of the money received from the victim to repay his/her debts, etc., but the victim continued to receive the money by lowering it. However, the defendant made confession of all of the crimes of this case during the trial and did not have any specific criminal records other than fines twice. On February 15, 2013, the defendant deposited the above deposit amount of KRW 20 million on the 15th of the same month immediately after the decision of the court below, and agreed with the victim after additional payment of KRW 20 million to the above deposit, and agreed with G, who was another creditor, who did not file a criminal complaint and agreed with the defendant, above all, the defendant's current pregnancy (the scheduled date of delivery), the records, age and circumstances before and after the crime of this case, and the motive and circumstances of the crime of this case.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.
[Discied Judgment] Criminal facts and charges.