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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
Reasons
1. The sentence imposed by the court below (eight months of imprisonment) is too unreasonable.
2. The crime of this case committed by the defendant by deceiving the victim that he can be seen as acquiring a total of 22 million won by deceiving the victim that he can be seen as making a sales contract with a clan, even though the defendant did not have the intention to mediate the sales contract of the building and borrowed money to the executives of the clan but did not have the intention or ability to complete payment, and even if he did not have the intention or ability to do so, the crime of this case was committed by deceiving the victim that he can be seen as making a sales contract with a clan.
Furthermore, the Defendant was sentenced to imprisonment for the same kind of crime in 201 (one year and September) and was released on November 30, 201, and the parole period was terminated on March 16, 2012, and again committed the instant crime in 2013, which was a repeated crime period.
In addition, considering that the defendant alleged that he used the money obtained through deception of this case for entertainment expenses for clan members, but fails to submit any data to recognize it, and that the same crime was committed before the crime of this case only once, but only once, the suspended sentence was sentenced to a fine, once, once, the suspended sentence was sentenced to a fine, twice, and multiple fines were used for other crimes, it is necessary to punish the defendant strictly.
However, the defendant recognized all of the crimes of this case and shown his attitude to repent of his mistake.
In addition, the defendant has reached an agreement with the victim (the victim's wife E as the victim's wife) in the first instance, and the victim does not want to be punished.
This is why the defendant's health status is not good, such as the defendant's disability of class 5 with physical disability in the past due to traffic accidents, such as urology, climatic disorder, and eurology, and suffering from eurology, after divorce around 2013, living in son's house and living with economic difficult life, and other defendants.