사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
1. The decision of the court below on the gist of the reasons for appeal (two years of imprisonment) is too unreasonable.
2. Although the amount of damage to the crime of this case exceeds 26 billion won, and the amount has not been fully repaid until now, and the defendant's failure to appear in the court while denying the facts charged while the court below is pending, it is not good to the nature of the crime. However, in full view of all matters concerning equity in the case of judgment at the same time with the judgment of fraud which became final and conclusive, the defendant's age, occupation and other records and arguments of this case, the defendant's argument is justified, since the punishment of the court below is deemed unfair.
3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is justified.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns 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 Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;
1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;