사기등
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 became final and conclusive.
1. The decision of the court below on the gist of the grounds of appeal (two years of imprisonment, etc.) is too unreasonable;
2. In light of the social harm and injury of the marketing crime, the Defendant’s liability for the crime is not easy.
However, in full view of all the sentencing conditions indicated in the records of this case, the court below's punishment is somewhat high, and it is deemed unfair in full view of all the sentencing conditions indicated in the records of this case, including the following: (a) the defendant repents his mistake and reflects it in Korea; (b) the first offender who has no previous conviction in Korea; and (c) two victims among three victims during the trial; (d) the remaining one does not contact with the victim; and (e) the victim does not reach an agreement with the victim; and (e) the amount of damage caused by the crime of this case is not relatively large to KRW 18,979,177; and (e) the amount of the damage
The defendant's above assertion is with merit.
3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following is ruled again after pleading.
【Reason used in multi-level] Criminal facts and summary of evidence recognized by the court, and summary of evidence, are the same as stated in each corresponding column of the judgment below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 225 of the Criminal Act, Articles 225 and 30 of the Criminal Act, Articles 229, 225, and 30 of the Criminal Act, Articles 347 and 30 of the Criminal Act, Article 347 of the Act on Regulation and Punishment of Criminal Proceeds Concealment, Article 3 (1) 1 of the Act on Regulation of Punishment of Criminal Proceeds Concealment, Article 30 of the Criminal Act, Article 30 of the Criminal Act
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) and (2) of the Criminal Act on the suspension of execution ( considered circumstances favorable to the defendant among grounds for reversal of the above judgment);
1. Article 48 (1) of the Criminal Act of confiscation;
1. Regulation and punishment of criminal proceeds Concealment.