사기등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for a term of two years and a fine of five hundred thousand won.
The above fine shall be imposed on the defendant.
1. The main point of the grounds for appeal is that the lower court’s punishment (limited to three years of imprisonment and fine of 500,000 won, confiscation) is too unreasonable.
2. Each of the instant crimes and the crime of aiding and abetting fraud is a planned crime committed by sharing a role in advance among accomplices, and the nature of the crime is very poor, the victim is also a majority, and the sum of the fraud amount exceeds 200 million won.
Victims AT want to be punished for the defendant.
Considering such factors of sentencing as above, the sentence of sentence on the defendant is inevitable.
However, in light of the fact that the defendant agreed with some victims during the trial of the court below, and agreed with the victim E, AM in the trial of the court below, and each of the victim H, X, and AT deposited KRW 10 million, KRW 18.5 million, KRW 4.5 million, the sentence of the court below is too unreasonable.
3. Since 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 following is ruled again after pleading.
[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is the same as that of each corresponding column of the judgment below. Thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of the Criminal Act and Articles 347(1), 30, 347(1), and 32 of the Criminal Act concerning facts constituting an offense, and Articles 152 subparag. 1 and 43 of the Road Traffic Act concerning the selection of punishment, and Articles 246(1) of the Criminal Act concerning the selection of punishment;
1. Articles 32(2) and 55(1)3 of the Criminal Act for aiding and abetting and mitigation;
1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and 3, and Article 50 of the Criminal Act;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 48 (1) 1 of the Criminal Act to be confiscated;
1. Determination of the grounds for sentencing prior to the grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order.