사기등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
However, for a period of two years from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for six months) of the lower court against the Defendant is too unreasonable.
2. It is recognized that the judgment of the court below is not bona fide in the judgment of the court below, for the following reasons: (a) the defendant was sentenced to eight months of imprisonment in 1997; (b) a fine of 1.5 million won in 2009; and (c) the date of sentence is front and his whereabouts is unknown while being tried in an undetained state in the court below
However, in full view of the following circumstances, the punishment imposed by the court below is too unreasonable, taking into account the following circumstances: (a) the defendant both committed a crime and committed a crime for a four-month period; (b) the defendant was living in prison with the victim D; (c) the victim D was fully agreed with the victim; (d) the amount of damage caused by fraud was relatively small; (d) there was no past record of punishment heavier than the suspended sentence after the previous conviction; and (e) the defendant’s age, family relationship, occupation, health, etc
3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.
[Discied Judgment] The criminal facts and the summary of the evidence mentioned by the court are identical to the corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 347 (1) of the Criminal Act (a point of fraud), Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act concerning the facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (mutual between crimes of uttering of each falsified document dated January 24, 2013, and between crimes of uttering of each falsified document dated February 25, 2013)
1. Selection of each sentence of imprisonment;
1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;
1. Article 62 (1) of the Criminal Act (General Consideration in favor of the above) ;