사기
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for not less than two years and six months.
A. 7 Blocop 7 Blocop d.
1. The decision of the court below (the first instance court: imprisonment with prison labor for two years and six months and confiscation, and the second instance court: imprisonment with prison labor for six months) on the summary of the grounds for appeal is too unreasonable.
2. We examine ex officio the grounds for appeal by the defendant before determining ex officio.
The court of the first and second trial cases against the defendant were reviewed concurrently. Each offense of the defendant's first and second trial cases is one of the concurrent offenses under the former part of Article 37 of the Criminal Act, and thus, a single sentence should be punished within the term or amount of punishment for which concurrent offenses are aggravated under Article 38 (1) of the Criminal Act.
Therefore, the judgment of the court below is no longer maintained in this respect.
3. Accordingly, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and it is again decided as follows.
Criminal facts
The summary of the facts charged and the evidence admitted by the court is identical to each of the corresponding columns of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 347 of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act, and the choice of punishment for a crime;
1. former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (Aggravation of concurrent crimes with punishment stipulated in a crime of fraud against victims S with the largest offense)
1. The crime of this case on the grounds of sentencing under Article 48(1)1 of the Confiscation Criminal Act is very poor due to a serious financial fraud in which many and unspecified persons are classified by so-called Bosing methods and are planned and organized as an object of crime.
The type of phishing fraud is hard to regulate because it is close and planned to commit the crime, and it is not easy to control the scope of damage, and it is not easy to recover damage.