특정경제범죄가중처벌등에관한법률위반(사기)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than three years and six months.
1. The sentence imposed by the court below on the defendant is too vague and unfair.
2. An ex officio determination prosecutor requested the victim H to amend a bill of amendment to the indictment with the phrase “a total of KRW 782,00,000” among the facts charged against the victim H as “a total of KRW 782,00,000,00,” and the victim’s “a total of KRW 13,000,000” and “a victim’s “a victim’s 5,000,000,000 won is remitted from the AM union account” and “a victim’s 5,00,000 won is remitted in cash,” respectively, and the judgment of the court below was no longer maintained as the subject of the adjudication was changed by this court’s permission.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act, and the following decision is delivered without examining the defendant's unfair argument of sentencing, since there is a ground for reversal ex officio as above.
[Grounds] The summary of the facts constituting a crime and evidence recognized by this court is as follows: (a) the summary of the facts constituting a crime and evidence recognized by this court is as follows: (b) the phrase “787,00,000 won” as “782,00,000 won” as “782,00,000 won”; (c) the phrase “13 billion won” as “14,000 won” and “5,000 won shall be remitted from the AM association account in cash” as “95 million won” and “the victim’s self-governing union account to receive KRW 95 million” as “the victim’s self-governing union account to receive KRW 95,00,000,000,000” as it is stated in each corresponding column of the judgment of the court below pursuant to 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 and Article 3(1)2 of the Criminal Act, Article 347(1) of the Criminal Act (including each fraud against victim B and H, each of which is included by each victim), Article 347(1) of the Criminal Act (victim K, P, Q, W, and X respectively), and Article 347(1) of the Criminal Act (including each fraud against victim K, P, Q, and X, and victim K, Q, and W.