상습사기등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
1. The summary of the grounds for appeal by the prosecutor and the summary of the grounds for appeal by the court of appeal are deemed unfair, because the sentence of the court below (a fine of three million won) is too unfeasible. Although the defendant agreed with the habitual fraud victim of this case and the above victim was the preferred of the defendant, the defendant was sentenced on August 26, 201 by this court for one year due to obstruction of performance of official duties or fraud due to an unfasible type, and on October 22, 2011, after the execution of the sentence was completed on February 14, 2012, the summary order of a fine of one million won due to a crime of fraud by a non-fasible vehicle is issued by the same court, and the summary order is issued in the same year.
3. 28. The Seoul Western District Court rendered a summary order of KRW 1 million in the form of a crime of fraud, which is committed in the form of anless taking-off, and the same year.
4. 20. 20. The court received a summary order of KRW 5 million for the crime of attempted assault, etc. in this court, and again committed the crime of habitual misappropriation, etc. of the same kind within the repeated crime period. The defendant, besides the above fraud, committed several criminal offenses such as the crime of this case, including the punishment of this case and the suspended sentence of 3 times, etc., more than 5 criminal records such as the crime of this case, the defendant was detained in 6 months before the pronouncement of this case, and taking into account the various sentencing conditions under Article 51 of the Criminal Act as shown in the argument of this case, there is a great need to warn the defendant against the crime of this case more severe punishment than be cut off, and thus, it is recognized that the sentence of the court below is unfair.
2. The decision of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following decision is rendered after pleading, on the grounds that the prosecutor's appeal is reasonable.
Criminal facts
The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column 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
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