특정경제범죄가중처벌등에관한법률위반(사기)등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for four years.
One document bags (No. 10) that have been seized.
1. Summary of grounds for appeal;
A. The sentence that Defendant 1 and 2 sentenced against the Defendant (the first instance judgment: imprisonment with prison labor for 5 years, additional collection of 1,386,430,00 won, and the second instance judgment: imprisonment with prison labor for 4 months) is too unreasonable.
(b)the sentence sentenced by the Prosecutor Nos. 1 and 2 to the accused is too unfford and unjust;
2. Prior to the judgment on the grounds of ex officio appeal, prior to the judgment on the grounds of appeal, the defendant and the public prosecutor appealed in all of the judgment below, and this court decided to hold a joint hearing of all the above appeal cases.
However, since each crime of the judgment below against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act, a single sentence is determined in accordance with Article 38(1) of the Criminal Act, the judgment of the court below cannot be maintained as it is.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and it is again decided as follows, without further proceeding to decide on the unfair argument of sentencing by the defendant and the prosecutor.
[Re-written part] The summary of the facts constituting an offense and evidence acknowledged by this court is as follows: (a) the remittance [Attachment 1 21] to the account in the name of the defendant in the first instance judgment; (b) the remittance [Attachment 1 2, 21] to the account in the name of the defendant in the first instance judgment; (c) the foreign currency withdrawal [Attachment 1 4, 17-18] in paragraph (3) of the facts constituting an offense, i.e., the foreign currency withdrawal [Attachment 1 4, 17-18]; and (d) 20160928 “the date of the offense in [Attachment 1] No. 883” (No. 24, 160828 of the judgment below) is identical to the column of the first and second instance judgment, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, Article 347 (1) of the Criminal Act (including the fraud of the victim K), and Article 347 (1) of the Criminal Act.