사기
The judgment of the court below is reversed.
Defendant shall be punished by a fine of 20 million won.
The above fine shall not be paid by the defendant.
1. The main point of the grounds for appeal is that the sentence imposed by the court below (one year of imprisonment, two years of suspended execution, confiscation) is too unreasonable.
2. The crime of this case is a situation unfavorable to the defendant, where the defendant obtained money from many unspecified victims as a price for goods through the ice transaction of valuable goods on the Internet car page, and the crime of this case is not good in light of the method, content, frequency, etc. of the crime, and the crime of this case is a total of KRW 17 million.
However, in light of the favorable circumstances such as the defendant's age, sex, environment, background, method, degree of participation in the crime, circumstances after the crime, and criminal record, etc., the sentence imposed by the court below is unreasonable in light of the following: (a) the defendant was committed, most victims were recovered; (b) the time to live in custody for two months in the instant case; (c) the defendant had no record of criminal punishment before the instant case; (d) the possibility of improving the defendant's age and the need to take into account the possibility of future improvement; and (e) other favorable circumstances, such as the defendant's age, sex, sex, environment, background, method, degree of participation in the crime; and (e) the circumstances after the crime, and criminal record.
3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.
Criminal facts
The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of the Criminal Act and Article 347(1) of the Criminal Act concerning the crime (in the case of joint crimes with E, Article 30 of the Criminal Act and choice of fines);
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Articles 70(1) and 69 of the Criminal Act to attract a workhouse.