사기등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
1. In light of the substance of the grounds for appeal in this case, the punishment imposed by the court below (two years of imprisonment, etc.) is too unreasonable.
(2) The defendant and his defense counsel shall not make a separate judgment on the grounds of appeal on the first trial date of this court. 2. Although the defendant had been punished more than twice due to fraud, etc. (4 times a penalty, 3 times a suspended sentence), he again committed each of the crimes of this case. However, when considering the following factors: (a) when the defendant was in a trial, the victim desires to have a prior wife against the defendant; (b) the defendant reflects his mistake; and (c) other various sentencing conditions, such as the defendant's age, character and conduct, environment, and circumstances after the crime, the punishment imposed by the court below is somewhat unreasonable, and thus the defendant's assertion is reasonable.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.
Criminal facts
The summary of the facts and evidence recognized by the court is the same as the corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Articles 347(1) and 30 (the first fraud as indicated in the judgment of the original court) of the Criminal Act related to criminal facts, Article 347(1) of the Criminal Act (the second fraud as indicated in the original judgment) and Article 111(1) of the Attorney-at-Law Act (the receipt of money and valuables under the pretext of trust)
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (a) (a crime of fraud referred to in subparagraph 2 (a) of the judgment of the original court, a crime of violation of the Attorney-at-Law Act, and a punishment provided for in the above fraud
1. Selection of each sentence of imprisonment;
1. Of concurrent crimes, the first sentence of Article 37, Article 38(1)2, and Article 50 of the Criminal Act is the largest.