사기등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (one year and six months of imprisonment) is too unreasonable.
2. The crime of fraud by the act of receiving similar judgment is highly harmful to society through the short term, such as the mass production of a large number of victims, and the crime of this case is committed by the defendant by deceiving about about 1.8 billion won in total from 17 victims under the name of investment, and it is not good that the crime is committed. Some victims want to punish the defendant.
However, all of the crimes of this case are recognized by the defendant, and there is no way to impose any criminal punishment except for those sentenced to a fine once due to drinking driving.
It seems that the victims have expanded their damage by making indiscreet investments without careful confirmation in the desire to obtain high-income profits in the short term.
In particular, the defendant agreed with the victims (17 victims) about 900 million won in total, among the victims (17 victims).
In addition, considering the defendant's age, sex, environment, and the background and result of the crime of this case and all the sentencing conditions shown in the records and arguments of this case, since the sentence imposed by the court below is too excessive and unfair, the defendant's assertion is reasonable.
3. As such, the defendant's appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is ruled as follows after pleading.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are identical to the corresponding columns of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 347(1) and Article 30 of the Criminal Act (the point of fraud), Article 6(1) and Article 3 of the Act on the Regulation of Similar Receiving Acts, Article 30 of the Criminal Act (the point of receiving similar amounts), and Article 30 of the Criminal Act (the point of receiving similar amounts), respectively.