사기등
All judgment of the court below shall be reversed.
The defendant is described in the first instance court Nos. 1 to 13.
1. The punishment sentenced by the first instance judgment (the first instance judgment) and the punishment sentenced by the second instance judgment (the imprisonment with prison labor for each of the frauds listed in the first instance judgment No. 1 to 13 in relation to each of the crimes committed in the table No. 1 to 13 in the judgment of the first instance) are too unreasonable.
2. Determination:
A. The Defendant filed an appeal against the judgment of the lower court in the first and second instances, respectively, and the first and second instances of appeal against the judgment of the lower court were decided to be jointly examined.
However, among the judgment of the court of first instance, each crime of fraud listed in the table No. 1 through No. 13 in the judgment of the court of first instance is a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (a separate crime). Since the defendant was sentenced to a suspended sentence of two years for ten months and the judgment became final and conclusive on August 22, 2008, each crime of fraud listed in the table No. 14 and 15 in the judgment of the court of first instance, and the second judgment of the court of first instance, are not in a concurrent crime under the former part of Article 37 of the Criminal Act, and thus, a separate sentence should be imposed.
Therefore, I examine the defendant's appeal below by dividing it into those committed before the above final judgment and those committed after the final judgment.
B. Of the judgment of the court below of first instance, the crime of this case as to each part of the crime of fraud listed in No. 1 through No. 13 of the crime list No. 1 in the judgment of the court of first instance is that the defendant, for a period exceeding one year, acquired money from the injured party amounting to approximately KRW 130 million through 13 times for more than 13 years. In light of the period, frequency, scale, etc. of the crime, the crime of this case is very serious, and the crime of this case was committed during the period of repeated crime sentenced to 7 months for the same crime on Nov. 25, 2005 and the execution of the sentence was completed, while the injured party was arrested while the injured party was accused of the escape for a long time after having been accused of the crime of this case."