사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than two years and six months.
However, for a period of four years from the date this judgment becomes final and conclusive.
1. The sentence imposed by the court below (two years and six months of imprisonment) is too unreasonable.
2. We examine the judgment, and find that the Defendant’s damage from the instant crime exceeds 300 million won in total.
However, if the defendant reflects his mistake through confinement and acknowledges all of the crimes of this case in the trial, the defendant does not want the punishment against the defendant in the trial, and the defendant does not have any criminal record exceeding the fine, and all other matters concerning the sentencing specified in the arguments of this case, including the defendant's age, character and conduct, environment, motive, means and consequence of the crime of this case, the punishment of the court below is somewhat unreasonable, and the defendant's argument is justified.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.
[Dao-written judgment] The criminal facts and the summary of the evidence admitted by the court and the summary of the evidence are as stated in the judgment of the court below, except for adding "1. The defendant's oral statement at the court below" to the summary of the evidence of the court below, and therefore, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act on the suspended execution (average circumstances in favor of the grounds for reversal of this case);
1. In full view of the factors of sentencing prior to the reasons for sentencing under Article 62-2(1) of the Criminal Act and Article 59 of the Act on Probation, etc., the sentence shall be determined as ordered.