특정경제범죄가중처벌등에관한법률위반(사기)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for seven years.
1. The lower court’s sentencing is too unreasonable on the grounds of appeal.
2. The defendant committed a part of the crime of this case again during the period of repeated crime even though he had a previous record of multiple times, and considering the fact that the victim is majority and the amount of damage is a large amount, strict punishment against the defendant is needed.
However, considering the defendant's age, sex and environment, motive, means and consequence of the crime, the circumstances after the crime, etc., the sentence of the court below is too unreasonable, since it is recognized that the defendant's above assertion is too unreasonable, since it is reasonable in light of the defendant's age, gender and environment, motive, means and result of the crime, etc.
3. In conclusion, 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, and the judgment below is ruled again as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court is identical to the facts stated in 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. Article 3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, Article 347(1) of the Criminal Act (including fraud against victim H, AB, and AD, and each victim respectively), Article 347(1) of the Criminal Act (including fraud against victim I,O, R,W, Y, and AF, each of which consists of fraud against AF, each of which consists of victim, each of which consists of the two, each of which consists of imprisonment), Article 3(1)2 of the former Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Amended by Act No. 11304, Feb. 10, 2012); Article 3(1)2 of the former Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Amended by Act No. 11304, Feb. 10, 201); Article 347(1) of the Criminal Act (comprehensive fraud against victim M)
1. Article 35 of the Criminal Act for aggravated repeated crimes (Article 35 of the Criminal Act for the previous crimes of fraud).