사기등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for five years.
1. The summary of the grounds for appeal (e.g., imprisonment) by the lower court (e., six years of imprisonment) is too unreasonable.
2. In order to raise the gambling fund, there are no extenuating circumstances, such as committing the instant crime, in light of the following: (a) the method of the instant crime is diverse and planned; (b) the nature of the instant crime is very poor; and (c) the gambling fund is to be raised.
In addition, the Defendant committed some of the crimes of this case during the period of repeated crimes of the same kind, and has been punished several times for the crime such as fraud.
Although the total amount of damage caused by the instant crime reaches approximately KRW 893 billion, a considerable portion of damage was not recovered.
However, the court below's punishment is somewhat unreasonable in full view of the following factors: (a) the defendant has led to the confession of all of the crimes in this case and against the defendant; and (b) the defendant has expressed his intention not to punish the victim by mutual consent with the AJ of the victim; and (c) other factors of sentencing specified in the argument in this case, such as the defendant's age, character and conduct, environment, and circumstances after the crime.
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.
【Discied Judgment】 The facts constituting a crime and the summary of evidence recognized by the court are the same as the entries of each corresponding column of the judgment below, and thus, they are quoted as they are in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 329 of the Criminal Act, Article 329 of the Criminal Act, Article 331-2 of the Criminal Act, Article 347 (1) of the Criminal Act, Articles 352 and 347 (1) of the Criminal Act, Articles 352 and 347 (1) of the Criminal Act, the choice of imprisonment for each of the following crimes:
1. Of the cases in which repeated crimes are repeated crimes, the victim AJ among the cases in Article 35, Article 2019 Highest 2068, 2019 Highest 212, 2019 Highest 3059, 2019 Highest 491 of the Criminal Act.