사기등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for two years.
However, the above punishment shall be imposed for three years from the date this judgment becomes final and conclusive.
1. The sentence imposed by the court below (two years and six months) on the summary of the grounds for appeal is too unreasonable.
2. The prosecutor's ex officio determination following the modification of indictment applied for the modification of indictment with the content that the victim G was guilty of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and the fraud about victim O and Q among the facts charged in this case, as stated in the judgment of the court below, and since this court permitted this, the judgment of the court below was no longer maintained.
3. If so, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and it is again decided as follows after pleading.
[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated in each corresponding column of the judgment below, thereby citing it as it is 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 (Amended by Act No. 13719, Jan. 6, 2016); Article 347(2) and Article 347(1) of the Criminal Act (including the third party fraud against the victim G); Article 347(1) of the Criminal Act (including the fraud against the victim L, M, andO; the victim’s and the victim’s fraud against L and M, including the fraud against the victim’s L and the M), Article 347(2) and 347(1) of the Criminal Act of each criminal law; Article 347(2) and (1) of the Criminal Act of each of the same Act (hereinafter referred to as the victim’s O and Q, including the third party fraud; the choice of imprisonment)
1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, the punishment of which is the largest, shall be aggravated for concurrent crimes;
1. Articles 53 and 55 subparag. 1 subparag. 3 of the Criminal Act (the following grounds for sentencing) are as follows.