사기
The judgment of the court below is reversed.
As to the crime No. 1 of the judgment of the defendant, the crime No. 7,000,00 won, and the crime No. 2 of the judgment.
1. In light of the following: (a) the summary of the Defendant’s grounds for appeal (unfair sentencing) recognized the error of the Defendant; (b) made efforts to compensate for damage; and (c) the health situation is not good upon the diagnosis of the above cancer; (c) the sentence of the lower court imposing a fine of KRW 3 million is too unreasonable.
2. Determination of the Defendant’s total amount of damage incurred from the instant crime is relatively much more than 12.5 million won, damage compensation is not easy due to the victim C’s death, and the Defendant’s health status is not good at the end of the period. The Defendant was sentenced to four months of imprisonment for fraud on February 3, 2012, and the judgment became final and conclusive on April 20, 2012. The crime No. 1 of the judgment is in the concurrent relationship between the crime of fraud for which the judgment became final and conclusive and the latter part of Article 37 of the Criminal Act, and takes into account the equity between the case and the case at the same time, taking into account the motive and background of each of the instant crimes, the circumstances before and after the instant crimes, the degree of damage, and other various matters stipulated in Article 51 of the Criminal Act, which are conditions for sentencing, such as the Defendant’s character, behavior, and environment, etc. as stated in the records and arguments of this case, the lower court’s punishment is unreasonable and reasonable.
3. As the appeal by the defendant is well-grounded, the judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the judgment below is ruled again after pleading as follows.
Criminal facts
The summary of the criminal facts and evidence of the defendant are the same as the stated in each corresponding column of the judgment of the court below, and thus all of them are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. The relevant legal provisions and the fraud of each judgment of the choice of punishment concerning the facts constituting an offense: Article 347 (1) of the Criminal Act and the choice of fines;
1. Subsequent to Article 37 of the Criminal Act dealing with concurrent crimes: Provided, That the main sentence of Article 39 (1) (limited to crimes of Article 39 (1) and fraud for which judgment becomes final and conclusive);
1. Articles 70(1) and 69(2)1 of the Criminal Act to attract a workhouse.