사기등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for a term of one year and three months.
1. The sentence imposed by the court below (one year and six months of imprisonment) on the summary of the grounds for appeal is too unreasonable.
2. The fact that the Defendant re-offenders the instant crime within the period of repeated crime, and that the total amount of money that the Defendant acquired by deception over several times exceeds KRW 79 million is considered to be disadvantageous to the sentencing.
However, considering the fact that the defendant recognized all of the crimes of this case, the defendant committed each of the crimes of this case under the direction of the name D, and delivered a considerable part of the profits to D, and the actual profits of the defendant does not reach the amount of damage, the defendant deposited a total sum of KRW 20 million to the victim lending companies in the first instance court and deposited most of the actual profits of the defendant due to the crime of this case, and all of the sentencing conditions such as the defendant's age, sexual conduct, criminal record, motive and means of the crime, circumstances before and after the crime, etc., the sentence of the court below is unfair because it is too unreasonable.
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, and the judgment below is ruled again after pleading as follows.
[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the facts stated in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions, Article 30 of the Criminal Act, Article 347 (1) and Article 30 of the Criminal Act, Article 347 (1) and Article 30 of the Criminal Act, Articles 347-2 and 30 of the Criminal Act concerning the crime;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Article 35 of the Criminal Act for aggravated repeated crimes;
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;