사기등
The part concerning the second crime in the judgment of conviction of the court below shall be reversed.
The defendant is a second offense in the judgment of the court below.
1. As to the fraud against C among the facts charged in the instant case, the lower court rendered a judgment of innocence, and rendered a judgment of conviction as to the fraud and embezzlement against the remaining victims, and only the Defendant appealed the judgment of conviction on the grounds that the sentencing was unfair.
Therefore, since the non-guilty portion of the defendant and the prosecutor who did not appeal is separated and determined by the expiration of the appeal period, the court shall decide only on the conviction portion among the judgment below.
2. The reasons for appeal (the imprisonment of 8 months for the crimes Nos. 1 and 3 of the judgment of the court below, 2 years for suspended execution, 8 months for the crimes No. 2 of the judgment of the court below) are too unreasonable.
3. On November 10, 2010, the Defendant was sentenced to 8 months of imprisonment for fraud, 2010, and 2 years of probation, but again committed the crimes stipulated in the judgment of the court below. On November 4, 2015, the Defendant was sentenced to 1 year of embezzlement, 1 year of imprisonment for occupational embezzlement, and 2 years of probation, but was sentenced to 2 years of probation, as stated in the judgment of the court below during the period of probation, and the Defendant was present at an investigative agency after the period of probation was elapsed, while he was aware that the investigation was being conducted, and the Defendant was under investigation. As such, the Defendant had repeated the crimes of similar law.
The Defendant recognized the instant crime and agreed with the victims of the crimes Nos. 1 and 3 as indicated in the judgment of the court below. Accordingly, the court below sentenced the Defendant to a suspended sentence of two years for the crimes Nos. 1 and 3 as indicated in the judgment of the court below in August of the judgment of the court below, taking into account various factors, such as occupational embezzlement, equity with the case of judgment at the same time as the crime of fraud, and there is no change in special circumstances or circumstances that may be newly considered in sentencing after the sentence of the court below. Thus,
However, the defendant does not want to be punished against the defendant by an agreement with the victim of the second crime as stated in the judgment of the court below in addition to the defendant.