사기등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for three years.
Seoul Southern District Prosecutors' Office.
1. The summary of the grounds for appeal (in the first instance court: imprisonment with prison labor for a period of two years, confiscation, and second instance court: imprisonment with prison labor for a period of one year) that the lower court rendered is too unreasonable.
2. Prior to the judgment on the grounds for appeal by the Defendant’s ex officio, this Court tried to jointly examine the appeal case of KRW 2 in the first instance judgment and the appeal case of KRW 2 in the second instance judgment. Each of the lower judgment against the Defendant is in a concurrent relationship under the former part of Article 37 of the Criminal Act with regard to concurrent crimes under Article 38(1) of the Criminal Act, and should be punished as a single sentence within the scope of the term of punishment aggravated for concurrent crimes under Article 38(1) of the Criminal Act. Thus, the lower
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 about sentencing, and the judgment below is reversed in entirety, and it is again decided as follows after pleading.
[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment below, and thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant legal provisions of the Criminal Act, Articles 347(1) and 30 (joint fraud) of the Criminal Act, Article 347(1) (the point of sole fraud) of the Criminal Act, Articles 49(4)1 and 6(3)1 (the point of transfer of access media) of the Electronic Financial Transactions Act, Articles 49(4)2 and 6(3)2 (the point of transfer of access media), and 6(3)2 (the point of lending access media) of the Electronic Financial Transactions Act, and each decision of imprisonment with prison labor;
1. Article 35 of the Criminal Act for aggravated repeated crimes;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Considering that the reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act is the time when the defendant committed each of the crimes of this case, and that in the case of the fraudulent act committed by the defendant by the mixed person, the amount of the fraud is not high, and the agreement is reached with some victims.