사기등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for a term of one year and eight months.
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) of the lower court is too unreasonable.
2. Determination
A. It is recognized that the Defendant committed each of the crimes of this case by stealing the name of the spouse by abusing his/her spouse’s health condition, and that the crime is bad, that is, fraud fraud fraud fraud fraud fraud fraud fraud fraud fraud fraud fraud fraud fraud fraud fraud fraud is considerable, and that no agreement is reached with the victims.
B. However, in full view of the following circumstances: (a) the Defendant led to the confession of and against the instant crime; (b) the first offender who has no record of criminal punishment in the Republic of Korea; (c) deposited KRW 10 million in the trial to D, the actual victim; and (d) the Defendant’s age, circumstances leading to the commission of the instant crime; and (e) other various conditions of sentencing specified in the pleadings, including the circumstances after the commission of the instant crime, the sentence imposed by the lower court is unreasonable.
C. Therefore, the defendant's above assertion is justified.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.
Criminal facts
The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant legal provisions on criminal facts, Article 347(1) of the Criminal Act, Article 30 of the Criminal Act, Article 37(10) of the Criminal Act, Article 37 subparag. 10 of the former Resident Registration Act (amended by Act No. 12279, Jan. 21, 2014); Article 30 of the Criminal Act (amended by Act No. 12279, Jan. 21, 201); Article 231 of the Criminal Act, Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, Articles 234 of the Criminal Act, Articles 231 of the Criminal Act, Articles 34 and 231 of the Criminal Act, Articles 347(1) of the Criminal Act (generally, the fraud of Article 4 of the Criminal Act, the
1. The former part of Article 37 of the Criminal Code among concurrent crimes.