사기등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
1. The gist of the reasons for appeal is that the original court’s punishment (one year and six months of imprisonment) is too unreasonable;
2. In light of the judgment, the amount of defraudation of this case is not indicated as KRW 80 million, and in the process, the criminal quality of the defendant is not good, such as mobilization of the method of document assistance, etc., and the defendant was unable to fully pay damages until seven years have passed since the crime of this case, and it does not seem to have been making a serious effort to pay damages, and there are many criminal records against the defendant.
However, in light of the fact that the defendant's mistake in late late, and on November 27, 2009, the defendant was sentenced to one year of suspension of the execution of imprisonment for six months at the Seoul Western District Court's District Court sentenced on February 25, 2010, which became final and conclusive on February 25, 2010 and could have been tried together with the above final and conclusive case, and that the F, who is the counterfeited person of forgery and uttering of private documents, did not want to be punished against the defendant, and that the sentencing guidelines for fraud are too unreasonable.
3. According to the conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the appeal by the defendant is well-grounded, and the subsequent judgment is rendered as follows.
[C] The summary of the facts constituting a crime and the evidence admitted by the court below is identical to each corresponding column of the judgment of the court below, except that "the defendant was sentenced to one year of suspension of the execution of imprisonment for a period of six months at the Seoul Western District Court on November 27, 2009, and the judgment became final and conclusive on February 25, 2010," and thus, the summary of the facts constituting a crime and the evidence established by the court below is cited as it is in accordance with Article 369 of the Criminal Procedure Act.
The term "the crime for which judgment to face with imprisonment without prison labor or heavier punishment has become final and the crime committed before such judgment has become final and conclusive" means the latter part of Article 37 of