사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than two years and six months.
1. In a case where an appeal against a judgment of conviction in the scope of a trial by this Court is filed, the confirmation of a compensation order is prevented even without an objection to the compensation order, and the compensation order is transferred to the appellate court along with the accused case (Article 33(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings). The lower court accepted an application for a compensation order filed by an applicant for compensation, but the Defendant did not assert any grounds for appeal against this part, and even if ex officio examination, it cannot find any grounds for revocation or modification, and thus, the part accepting an application for a
2. The three-year imprisonment sentenced by the court below to the summary of the grounds for appeal is too unreasonable.
3. In light of the fact that the Defendant began to commit the instant crime in another time during the period of repeated crime due to the same crime, and continues to commit the instant crime with the account under another person’s name even during the investigation, three times the sentence imposed on the Defendant for the same crime, and the record of criminal punishment sentenced to a fine several times, etc., it is inevitable to punish the Defendant significantly.
However, the defendant recognized all the facts charged in this case and reflected his mistake, and the defendant paid damages to some victims (BW, DZ, CB, CG, CG, CF, CH, CL, and BM) after the decision of the court below, and considering the defendant's age, character and behavior, environment, family relationship, and circumstances after the crime, the court below's punishment is too unreasonable, and the defendant's assertion is justified.
4. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the judgment below is ruled again after pleading.
Criminal facts
The substance of the facts charged and the summary of the evidence recognized by the court.