사기등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
Seven (the telephone number C.) out of subparagraph 2 of seized evidence.
1. The summary of the grounds for appeal (unlawful in sentencing) is unreasonable as it is too unfasible to this point. The sentence of the lower court (two years of suspended sentence for eight months of imprisonment, one year of observation of protection, one year of community service work, and confiscation) is too unfasible.
2. Determination
A. It is recognized that the Defendant led to the confession of a part of the crime, and that the remaining crime of this case, which is difficult to economic circumstances, was committed.
B. However, in full view of the following circumstances: (a) the Defendant denied the participation of 26 cases among the 31st frauds and did not reflect the fact; (b) the quality of the crime is not very good; (c) the amount of damage exceeds 28,040,000 won; (d) the victims did not agree with the victims; and (e) the damage was not recovered; and (e) the same criminal record was not recovered twice; and (e) the Defendant’s age, the environment, and the circumstances after the crime were committed, the lower court’s punishment is deemed unfair and unfair.
(c)
Therefore, the prosecutor's above assertion is justified.
3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is so decided as follows through a new theory of change.
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 cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 347(1) and Article 30 of the Criminal Act related to the crime; Article 72(1)1 and Article 48(1) of the Act on Promotion of the Use of Information and Communications Network and Information Protection, Etc.; Article 30 of the Criminal Act concerning the crime;
1. Selection of each sentence of imprisonment;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Reasons for sentencing under Article 48(1)1 of the Criminal Act for forfeiture [the scope of recommendation] of Article 48(1)1 of the Criminal Act [the scope of recommendation] general fraud area (one to two years and six months) (one to half years).