사기
The judgment below
The remainder, excluding a compensation order, shall be reversed.
A defendant shall be punished by imprisonment for not more than ten months.
2.1.2
1. The lower court’s judgment within the scope of this Court’s adjudication dismissed the application for compensation filed by C, D, and F among the applicants for compensation, and since an applicant for compensation is unable to file an objection against the judgment dismissing the application for compensation pursuant to Article 32(4) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, the above application for compensation became final and conclusive immediately, the part of the lower court’s rejection of the application for compensation
2. The gist of the grounds for appeal asserts that the Defendant is unjust because the lower court’s punishment (two months of imprisonment and compensation order) is too uncomfortable, and the prosecutor asserts that the lower court’s punishment is too uncomfortable and unreasonable.
3. There are favorable circumstances for the defendant, such as the confession of the crime of judgment and the reflection thereof, compensation for and agreement on the damage with some victims.
However, even though the same criminal records were several times, the defendant committed the same second offense during the period of probation, and on May 10, 2018, the Seoul Northern District Court sentenced one year to imprisonment for a crime of fraud at the Seoul Northern District Court on September 5, 2018 and released on September 5, 2018 during the trial, and therefore, committed each of the crimes of this case. In addition, in full view of equity in the case of a judgment with a criminal record in the latter concurrent crimes of Article 37 of the Criminal Act, and all the reasons for sentencing known by the arguments and records of this case, the sentence against the defendant of the court below is unreasonable.
Defendant’s assertion of unfair sentencing is without merit, and prosecutor’s assertion of unfair sentencing is with merit.
4. Since the appeal by the prosecutor of the conclusion is well-grounded, the remainder of the judgment below excluding the compensation order part among the judgment below is reversed, and the following is ruled again after the pleading.
[Discied Reasons for Judgment] Summary of Criminal Facts and Evidence
1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;
1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;