상습사기등
The judgment of the first instance shall be reversed.
The punishment of the accused shall be determined by six months of imprisonment.
1. The summary of the grounds of appeal is unreasonable. 2. The judgment of the court of this case contains not only the past record of having been punished several times for a crime similar to this case, but also the defendant committed repeatedly each of the crimes of this case during the repeated crime period which has not yet passed since he was sentenced to punishment due to habitual fraud, etc. despite the past record, there is a need to strictly punish the defendant. However, on the other hand, the defendant is in depth divided his mistake, the victims of each of the crimes of this case have agreed to or discharged damage, each of the victims of the crimes of this case, the amount of damage has not been relatively significant, the defendant has not been able to care, and his mother has been neglected to care, and his mother has been simply restored to the prompt return of the defendant (the victims of the loan seems to have been considered to have taken the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the defendant).
3. According to the conclusion, the appeal by the defendant is justifiable, the judgment of the first instance is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the judgment is again rendered following the pleadings.
The criminal facts and the summary of the evidence recognized by the court are the same as the judgment of the court of first instance, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Articles 314(1) and 351 of the Criminal Act, Articles 347(1) and 366 of the Criminal Act (the point of habitual fraud) as to the crime by which repeated crimes are aggravated. 1. Article 35 of the Criminal Act, the former part of Article 37 of the Criminal Act, Articles 38(1)2 and 50 of the Criminal Act, which aggravated repeated crimes.