beta
Text
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
Reasons
1. The decision of the court below on the summary of the grounds for appeal is too unreasonable.
2. The crime of this case is not suitable in light of the content, method, frequency, and scale of damage, etc. of the crime, since the defendant opened the cell phone under the name of the victims for the purpose of selling the cell phone, sold it to the middle and thereafter did not pay the cell phone installments and the telephone fee imposed under the name of the victims, thereby causing damage to the victims and acquired financial profits.
However, the defendant shows his attitude to reflect upon recognizing all of the crimes of this case, the court below agreed with the victim I, and further agreed with the victim 17 victims (excluding F and E) for the first time in the trial, and deposited 2 million won for the victim F, 1 million won for the victim AE, and 2 months or more for the case. The defendant has the time of his own care while living in custody for the victim AE, 23 months or more prior to the case, 23 years of age, the possibility of improvement and future consideration of the defendant's age still needs to be taken into account, and other various circumstances, such as the defendant's age, character, environment, circumstances, method of crimes, circumstances after crimes, criminal records, etc., as shown in the argument of this case, the sentence of the court below is unfair.
3. As such, 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 judgment is rendered again.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. The point of fraud under Article 347(1) of the Criminal Act, which is applicable to the relevant criminal facts and the choice of punishment;