사기등
The judgment below
Part of the compensation order, except the compensation order, shall be reversed.
A defendant shall be punished by imprisonment for six months.
1. The summary of the grounds for appeal (the imprisonment of eight months, the suspension of the execution of two years, the community service order - the community service order - the community service order of welfare facilities 120 hours) declared by the court below is too uneasible and unfair
2. The judgment of the Defendant has no record of criminal punishment prior to the crime of this case, and the Defendant appears to have committed the crime of this case due to economic circumstances that make it difficult for the Defendant to operate his fraternity, and the Defendant divided his mistake into one’s own, and reflects it, etc., should be considered in light of the circumstances favorable to the Defendant.
However, the crime of invalidation of indication in the line of duty of this case requires strict punishment as it undermines the function of the state's compulsory disposition by impairing the effectiveness of the seizure indication of the court, and the crime of this case was committed against many victims with the amount of damage exceeding 48 million won, and the nature of the crime is not good. In full view of all the sentencing conditions such as the fact that the defendant's profits derived from the crime of this case was not substantial, the victims' losses were not recovered properly up to the present day, and the defendant's age, character, character and environment, the sentencing of the court below is deemed to be too unreasonable. Thus, the prosecutor's above assertion is justified.
3. If so, the prosecutor's appeal is reasonable, and the part of the judgment below excluding the order for compensation pursuant to Article 364 (6) of the Criminal Procedure Act is reversed, and it is again decided as follows after pleading.
[Discied Judgment] Criminal facts and summary of evidence recognized by this court and summary of evidence are the same as stated in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 347(1) of the Criminal Act, Article 140(1) of the Criminal Act, and Article 140(1) of the Criminal Act, and the choice of imprisonment with prison labor, respectively, for the crime committed;
1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;