사기
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 3,000,000.
The above fine shall not be paid by the defendant.
[Judgment on the Grounds for Appeal] Summary of the Grounds for Appeal (Inductive Undue Practices) Sentencing by the lower court (induc 5 million won), is too unreasonable.
However, since the amount of damage caused by each of the crimes in this case exceeds 15 million won in total, the defendant's liability is not weak.
However, in light of all other circumstances, such as the defendant's age, character and conduct, motive, means and consequence of the crime, etc., the sentencing of the court below is too unreasonable, considering that the defendant agreed to pay the amount of damages in installments with the victim and the victim wanting to take the action against the defendant, that there is no criminal conviction for the defendant, that there is no criminal conviction for the same kind, that there is a mistake, that it is against the defendant, and that there is any other circumstances, such as the defendant's age
Thus, the defendant's appeal is justified. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.
[Grounds for the judgment of multiple times] Criminal facts and summary of evidence recognized by the court are identical to facts constituting a crime and summary of evidence, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;