사기등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for a term of one year and eight months.
1. The punishment (one and half years of imprisonment with prison labor, and six months of imprisonment with prison labor) that the judgment of the court below pronounced in the summary of the grounds for appeal is too unreasonable.
2. The Court rendered ex officio reversals and examines each appeal case against the lower judgment.
Each crime in the holding of the court below is a concurrent crime under the former part of Article 37 of the Criminal Act, and a sentence shall be imposed in accordance with Article 38(1) of the Criminal Act.
The judgment of the court below has reasons for ex officio destruction.
The judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without proceeding to decide on the grounds for appeal by the defendant, and the judgment is again ruled as follows.
Criminal facts
The summary of the facts charged and the evidence admitted by the court are the same as the entries in each corresponding column of the judgment below. Thus, all of the judgment below are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 347(1) of the Criminal Act, Article 347(1) of the Criminal Act, Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, Articles 234 of the Criminal Act, and the choice of imprisonment with prison labor, respectively;
1. Among concurrent crimes, the defendant for the reason of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act does not have any record of criminal punishment other than fines imposed on the same case, and there is no record of criminal punishment imposed on the defendant.
The defendant recognized the error of each of the crimes in this case and is in depth against it.
However, the crime of fraud is highly serious because the defendant committed fraud continuously, such as the victim C around October 201, the victim J from July 201 to November 1, 201, and the victim N from July 2013 to the victims N in order by deceiving the victim N, purchasing vehicle in the name of the victims, using the purchase price, paying the purchase price, using the credit card, and not paying the credit card.
The amount of damage caused by the crime of fraud against the victim C reaches approximately KRW 65 million, and the damage caused by this case C.