사기미수등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for two years.
However, for three years from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for two years and confiscation) of the lower court is too unreasonable.
2. The lower-ranking officers need to strictly punish singinging fraud in that the planned and organized singinginging frauds committed against many and unspecified persons are highly harmful to the society. In addition, even though the Defendant had a record of criminal punishment for fraud several times, and the Defendant has been sentenced to a suspended sentence of imprisonment due to fraud, it is disadvantageous that the Defendant committed the instant crime of the same kind.
However, the Defendant decided to stop committing a crime by realizing that the documents printed out by e-mail from the person “C” are documents under the name of “Financial Services Commission”, and are related to scaming, and that the Defendant’s identity was revealed to the police officer O, who had been scamed immediately before the victim and scam, and received the above documents. Since then, the Defendant provided that the police officer notified the victim of the victim’s appearance and did not cause any actual damage, and that the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime, and the circumstances after the crime were committed, etc., the lower court’s punishment is excessively unreasonable in light of all the sentencing conditions as indicated in the instant argument.
3. The judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.
[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting a crime and summary of evidence, and thus, the summary of evidence is identical to each corresponding column of the judgment below. Thus, it is acceptable in accordance with Article 369
Application of Statutes
1. Article 225 of the Criminal Act, Articles 225 and 30 of the Criminal Act, Articles 352, 347 (1), and 30 of the Criminal Act, the choice of imprisonment for a crime (with respect to attempted fraud)
1. Aggravation for concurrent crimes;