특정경제범죄가중처벌등에관한법률위반(사기)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
However, the period of three years from the date this judgment becomes final and conclusive.
The summary of the grounds for appeal is unfair because the sentence imposed by the court below on the defendant (one year and six months of imprisonment) is too unreasonable.
The above-mentioned sentence of the court below's order against the defendant is too unhued and unfair.
Before the judgment on the grounds for appeal ex officio, the prosecutor examined the facts charged in the instant case, and the prosecutor applied for the amendment of the indictment with respect to the fraud against the victim C as stated in No. 2 of the facts charged in the instant case No. 2 of the judgment of the court below as stated in the judgment of the court below as to the crime No. 2 of the instant case, the annexed Table II of the crime committed in the judgment of the court below (No. 13 of the judgment of the court below) as the annexed Table II of the judgment of the court below, and the subject of the judgment was changed by the court
As such, the changed subject matter of adjudication and the remaining convictions in the judgment of the court below should be sentenced to a single sentence in the concurrent crimes relationship under the former part of Article 37 of the Criminal Act, and the judgment of the court below cannot be maintained any more.
Therefore, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act, and the judgment of the court below is reversed and it is again decided as follows.
【Grounds for a new judgment of the court below] The facts constituting a crime and the summary of evidence acknowledged by the court below and the summary of evidence are identical to the facts stated in each corresponding column of the judgment below, except for a partial change in the reasoning of the judgment below as follows. Thus, they are cited as it is by Article 369 of the Criminal Procedure Act.
▣ 원 심 별지 ‘ 범죄 일람표 II’( 원심판결 문 13 면 )를 당 심 별지 ‘ 범죄 일람표 II’ 로 변경한다.
Application of Statutes
1. Article 355(1) of the Criminal Act applicable to the crime and Article 355(1) of the choice of a punishment (a comprehensive, an embezzlement and a punishment of imprisonment), Article 3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, and Article 347(1) of the Criminal Act (Article 255(1) of the Criminal Act).