사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four months.
1. The summary of the grounds for appeal is unreasonable as the punishment of the lower judgment (two months of imprisonment and two years of suspended execution) is too unfied.
2. In recent years, the Defendant had been punished two times or more as a fine by deceiving the main employer as if he would work as the main employee like the instant crime and receiving money in advance. In particular, each of the instant crimes committed with respect to the victim C, the crime was committed immediately after the aforementioned punishment, and the total amount of damages for each of the instant crimes reaches KRW 21 million, and most of them are not recovered, and all other matters concerning the sentencing specified in the records and arguments of the instant case are considered to be unfair, and thus, the prosecutor’s assertion is reasonable.
3. Accordingly, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following judgment is rendered through pleading
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;
1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;