특정경제범죄가중처벌등에관한법률위반(사기)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for two years.
However, the above sentence shall be imposed for a period of three years from the date the above judgment became final.
The decision of the court below on the summary of the reasons for appeal (four years of imprisonment) is too unreasonable.
Judgment
The court below has a favorable and unfavorable condition, such as the defendant's statement in the column of "decision of sentence".
In addition to the fact that the defendant paid the amount of damage to the victim when the defendant was in a trial, the victim does not want the punishment against the defendant, and other various sentencing conditions shown in the records and changes of the case, the punishment imposed by the court below is too unreasonable.
Defendant’s assertion is with merit.
As the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the appeal by the defendant is again decided as follows.
Criminal facts
The substance of the facts charged and the summary of the evidence admitted by this court are as follows: the facts charged and the summary of the evidence are as follows: (a) except in the case where “scambling” as “scambling” of the second page of the judgment below as “scambling” of the judgment below, and thus, it is identical to each corresponding part of the judgment of the court below
Application of Statutes
1. Article 347(1) of the Criminal Act (amended by Act No. 11304, Feb. 10, 2012); Article 3(1)2 of the former Act on the Aggravated Punishment, etc. of Specific Economic Crimes (amended by Act No. 11304, Feb. 10, 2012); Article 347(1) of the Criminal Act / [Article 347(2) of the Criminal Act (amended by Act No. 10259, Apr. 15, 2010; hereinafter referred to as “the former Act”) on the Punishment, etc. of Specific Economic Crimes; Article 42 of the former Criminal Act (amended by Act No. 10259, Apr. 15, 2010)
1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:
1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, the punishment of which is heavier, shall be aggravated for concurrent crimes;
1. Article 53 and Article 55(1)3 of the Criminal Act ( normal consideration in favor of the provisions of paragraph (2) above) for mitigation of amount;
1. Article 62(1) of the Criminal Act (it shall be favorable to the above paragraph 2).