사기
All the judgment of the court below (excluding the part of the compensation order among the judgment of the court of first instance) shall be reversed.
The defendant shall be punished by imprisonment for two years.
1. The gist of the grounds for appeal is that it is too unreasonable that the respective punishment of the lower court (two years of imprisonment and confiscation, and six months of imprisonment) is too unreasonable.
2. Prior to the judgment on the grounds for appeal by the defendant ex officio, this Court decided to hold a joint hearing of each appeal case concerning the judgment of the court below. Each of the offenses in the judgment of the court below is concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one punishment should be imposed pursuant to Article 38(1) of the Criminal Act. Thus, the judgment of the court below (excluding the part on compensation order among the judgment of the court of first instance) cannot be maintained as it is.
3. If so, the judgment of the court below (excluding the part of the order for compensation among the judgment of the court of first instance) is reversed ex officio as above. Thus, without examining the defendant's unfair argument of sentencing, all of them are reversed pursuant to Article 364 (2) of the Criminal Procedure Act, and it is again decided as follows.
[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of the corresponding column of the first and second judgment, 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 Article 347 of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act, and the choice of imprisonment for the crime;
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. The crime of this case for the reason of sentencing under Article 48 (1) 1 of the Confiscation Criminal Act is deemed to have been acquired by deceiving approximately KRW 190 million from the nine victims in total while the defendant act as a measure to collect cash of the so-called Bossing organized crime. In light of the contents of such crime, the status and role of the defendant in each of the crimes of this case, the social harm of the Bosing crime, and the amount of money acquired, etc., the defendant's responsibility is heavy, and there is no possibility that the damage has been recovered up until now.
On the other hand, however, the defendant lives.