사기
The judgment of the court below is reversed.
In 8 months of imprisonment with prison labor for the crimes Nos. 1 and 2 of the decision of the court below, the defendant is 3 to 3.
1. The summary of the grounds for appeal (one year of imprisonment with prison labor for crimes Nos. 1 and 2 as indicated in the judgment of the court below, and four years and six months of imprisonment with prison labor for crimes No. 3 to 7 as indicated in the judgment of the court below) is too unreasonable.
2. On May 7, 2010, the Ulsan District Court sentenced the suspension of the execution of imprisonment for fraud, which was already sentenced to a total of one billion won by deceiving a number of victims over several times, and continuously repeated the crime of fraud even though the defendant had been sentenced to the suspension of the execution of imprisonment for fraud, and provided a considerable period of time to the court upon the defendant's request for repeated agreement, but the defendant failed to receive money due to failure to pay damages to victims E, L, and M until the third year after the prosecution of this case, and due to this case, the crime liability is heavy in that the victims caused enormous economic and mental suffering.
However, in full view of the following circumstances: (a) the Defendant was committing a crime late late in the course of committing a crime; (b) the victim R and T agreed to the late in the trial; (c) the victim J and K agreed not to punish the Defendant; (d) the crime Nos. 1 and 2 in the judgment of the court below is in the concurrent relationship between fraud for which the judgment became final and the subsequent crimes of Article 37 of the Criminal Act, as stated in the records of the crime in the judgment of the court below, and the relationship between the two crimes should be considered at the same time with the case where the judgment was received; and (e) other circumstances, which form the conditions for sentencing specified in the instant case, such as the Defendant’s age, sexual behavior, environment, and family relationship,
3. The decision of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the judgment below is ruled again after pleading as follows.
[Grounds for a new judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the facts stated in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
The application of legislation;