사기등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.
2. The Defendant’s crime of this case in collusion with loan brobeers, etc. obtained money in total of KRW 200 million by forging and using a contract under the name of another person on three occasions. In light of the method of crime and the amount of defraudation, the nature of the crime and the criminal facts are very heavy, and the damage has not been recovered, it is inevitable to punish the Defendant with severe punishment.
However, if the prosecution of this case was instituted more promptly, the defendant could have been tried concurrently with the case of fraud in which the judgment became final and conclusive, and in full view of the expected reasonable sentencing, the degree of the defendant's participation, the balance of the punishment first finalized against the accomplice who led the crime, and other various conditions of sentencing indicated in the records of this case, the sentence imposed by the court below is somewhat unreasonable.
3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal by the defendant is again decided as follows.
[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to that stated in 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 provisions of the Criminal Act, Articles 347(1) and 30 of the Criminal Act, Articles 231 and 30 of the Criminal Act, Articles 234, 231, and 30 of the Criminal Act, Articles 234, 231, and 30 of the Criminal Act, and Articles 234, 231, and 30 of the Criminal Act, respectively, the choice of imprisonment for each of the following crimes:
1. Subsequent to Article 37 of the Criminal Act dealing with concurrent crimes: Provided, That Article 39 (1) shall apply;
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;