사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
1. The sentence imposed by the court below on the defendant (one year of imprisonment) is too unreasonable.
2. The instant crime is a so-called “singing” crime committed against many and unspecified persons in a systematic and systematic manner, and the social harm caused by the crime is so great that it is necessary to punish the Defendant.
The 5 victims of this case are the 110,900,000 won in total, and the 110,900,000 won in which the defendant's liability for the crime is not weak.
However, the defendant's mistake is recognized as committing a crime, and the defendant has a depth.
In the first instance, it agreed with the victim H (the amount of damage KRW 34 million).
In addition, in order to recover damages of other victims, G deposited KRW 10 million for G (amount of KRW 17 million for damage), KRW 300,000 for C (amount of KRW 5.9 million for damage), KRW 2 million for J (amount of KRW 44 million for damage) and KRW 700,000 for K (amount of KRW 10 million for damage).
The degree of the defendant's crime is relatively minor, and the amount of profit acquired as a result of the crime cannot be seen as much.
There is no criminal offense against the defendant beyond the same kind of offense and fine.
In full view of all the circumstances, including these circumstances, including the Defendant’s age, character and conduct, environment, motive, means and consequence of the commission of the crime, the lower court’s punishment is somewhat 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.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, it is quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Articles 347(1) and 30 of the Criminal Act and 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;