특정경제범죄가중처벌등에관한법률위반(사기)등
We reverse the judgment of the court below.
The punishment of the accused shall be seven years of imprisonment.
The defendant shall pay compensation to the applicant.
1. Summary of grounds for appeal;
A. The prosecutor’s sentence of the lower court is too unhued and unreasonable.
B. The sentence of the court below is too unreasonable because the defendant's punishment is too unreasonable.
2. The judgment of the court below was rendered to the defendant 1 and 2, and the defendant and the prosecutor appealeded against the judgment of the court below, and the court decided to consolidate each appeal case with each other.
The crime of the judgment of the court below against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Code, and thus, the judgment of the court below can no longer be maintained.
3. The lower court’s conclusion is reversed in its entirety pursuant to Article 364(2) of the Criminal Procedure Act, without examining the aforementioned ex officio grounds for reversal, and the following is again decided after pleading.
In the case of the application of the applicant for compensation filed in this court, 1.5 billion won is well-grounded, and it is so decided as per Disposition by citing the application.
[Re-written judgment] The criminal facts and the summary of the evidence against the defendant recognized by this court are identical to the corresponding column of the judgment of the court below, except for the alteration of "1. Part of the defendant's statement in this court" to "1. The defendant's statement in this court" in the summary of the evidence of each judgment of the court below, thereby citing it as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 3 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, Article 3 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, Article 347 (1) of the Criminal Act (the fraud against AW by the victim), Article 347 (1) of the Criminal Act (the fraud against AR), Article 231 of the Criminal Act (the above Article of private documents, the choice of imprisonment), Articles 234 and 231 of the Criminal Act (the fact of exercising the above document investigation), Articles 134 and 231 of the Criminal Act (the fact of exercising the above document investigation), Articles 133 (1), 129 (1), and 30 (the fact of offering a bribe, collectively, imprisonment with prison labor) of the Criminal Act.