사기방조등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
However, the period of three years from the date this judgment becomes final and conclusive.
1. The sentence of the lower court (ten months of imprisonment, three years of suspended execution, and observation of protection) against the Defendant on the summary of the grounds for appeal is unreasonable because it is too unfasible.
2. Prior to the judgment on the grounds for appeal by the prosecutor ex officio, each of the crimes in this case committed the crime of aiding and abetting fraud should have been sentenced to the punishment within the scope of the term of punishment which is necessary for the principal offender’s punishment in accordance with Article 32(2) of the Criminal Act, but the court below determined the punishment by omitting aiding and abetting in excess of the punishment. In this respect, the judgment of the court below cannot be maintained.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's improper assertion of sentencing, and the judgment of the court below is reversed, and it is again decided as follows through pleading.
[Re-written judgment] The summary of the facts constituting an offense and evidence recognized by the court and the summary of the evidence are as follows: (a) except that the “O” recorded in the column for the method of committing an offense No. 1 in the attached Table No. 3 of the judgment of the court below as “G” is the same as the corresponding column of the judgment of the court below; and (b) thus, it is acceptable in accordance with Article 369 of
Application of Statutes
1. Article 49 (4) 1, Article 6 (3) 1 (a) of the Act on Electronic Financial Transactions and Transactions (a point of transfer of access media), Article 347 (1) and Article 32 (1) of the Criminal Act (a point of aiding and abetting fraud) concerning facts constituting an offense, and the choice of imprisonment, respectively;
1. Article 32(2) and Article 55(1)3 of the Criminal Act for mitigation of a punishment for aiding and abetting a person (each crime of aiding and abetting a person by fraud)
1. The aggravated punishment for concurrent crimes prescribed in the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (the aggravated punishment and punishment for concurrent crimes provided for in the crime of aiding and abetting Fraud against I by a victim I who is the largest punishment and punishment);
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The circumstances favorable to the defendant for the reason of sentencing in Article 62-2 of the Criminal Act on the observation of protection and observation are as follows.
In addition to minor fines, the defendant shall be sentenced to suspended execution.