사기
The judgment of the court below is reversed.
The punishment of the accused shall be determined by one year and eight months.
1. The summary of the grounds for appeal (two years and six months of imprisonment) by the lower court is too unreasonable.
2. The instant crime was committed by deceiving a large number of victims to purchase various fishery permit certificates, thereby deceiving a total of KRW 130,2630,000,00,000, and the amount of damage is considerable, and the Defendant committed the instant crime even though he/she had the record of being sentenced to the suspended sentence of imprisonment due to the same kind of crime, and the Defendant did not reach an agreement with the victim E and F until now.
However, the appellate court held that the defendant's mistake is divided and reflected against the defendant, that the victim G does not want to be punished against the defendant, that the victim E (4.9 tons of fishing vessels, market price of approximately KRW 40 million)'s ownership is transferred to the victim E, that some damage has been recovered, etc., and that the defendant's age, character and behavior, environment, circumstances and result of the crime of this case, all of the sentencing conditions in this case, such as the circumstances after the crime, and the scope of recommended sentencing guidelines for the enactment of the Supreme Court's Sentencing Committee (one year and eight months to six years of imprisonment) [the scope of recommending punishment] types 2 (one year and eight months, and less than five hundred million won) (one year and five hundred million won): increase in the one-year type as a result of the combination of common fraud results [specific persons] or where the defendant committed a crime for an unspecified or large number of victims repeatedly or for a considerable period of time, the above argument of the court below is justified.
3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following is ruled again after pleading.
Criminal facts
The summary of the facts charged and the evidence admitted by the court is 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.
The laws and regulations;