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.
1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the lower court’s imprisonment (three years of imprisonment) against the Defendant is too unreasonable.
2. The crime of this case is an unfavorable circumstance to the defendant, where the defendant obtained a large amount of money under the name of insurance premium from a number of victims who had a close-friendly relationship while operating an insurance agency on the ground of a virtual insurance product, and the amount of damage exceeds 1.5 billion won, and the victims want to punish the defendant because the damage has not been recovered until now.
However, in full view of the following: (a) the Defendant committed a primary crime in depth and reflects the Defendant’s depth; (b) certain of the gains accrued from the instant crime was paid to the victims as interest; (c) the equity in the case of being tried at the same time as the judgment in the final judgment of the lower court (two years of imprisonment) is to be considered; and (d) other sentencing conditions as shown in the records and arguments in the instant case, the sentence imposed by the lower court 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, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense and Article 347 (1) of the choice of punishment [Article 347 (1) of the Criminal Act: Provided, That each of the crimes No. 1 and No. 2 as stated in the judgment of the court below with respect
1. The latter part of Article 37 and Article 39 (1) of the Criminal Act dealing with concurrent crimes;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;