사기등
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. The sentence imposed by the court below (two years and six months of imprisonment) is too unreasonable.
2. We examine ex officio prior to the judgment on the grounds for appeal by the defendant.
The court below acknowledged the defendant guilty of the facts charged in this case by taking into account the facts charged in this case, and notified that the defendant should be tried through a simplified trial procedure, and the investigation of evidence is completed in accordance with the method prescribed in Article 297-2 of the Criminal Procedure Act, and considering the evidence presented in the court below pursuant to Article 318-3 of the same Act as admissible,
According to the records, while the defendant and his defense counsel recognized the facts charged in this case on the third trial date of the court below, they can be recognized that "the defendant's participation in each of the crimes in this case does not correspond to the total liability of telephone financial fraud group" in the proceedings of pleadings. Thus, the facts charged in this case cannot be viewed as a case where the defendant made a full confession in the court, and thus, it does not constitute a case where he can be judged through a simple trial procedure, and the order of the court below which decided to be tried through a simple trial procedure pursuant to Article 286-3 of the Criminal Procedure Act is revoked on the ground that it was in the trial
3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is again decided as follows after oral argument.
Criminal facts
The summary of the facts charged and the evidence admitted 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. Relevant provisions of the Criminal Act and Articles 347(1), 30 (each point of fraud), and 347(1), and 30 (each point of fraud) of the Criminal Act for the crime;