사기등
The judgment below
The part against the defendant shall be reversed.
A defendant shall be punished by imprisonment for not less than two years and six months.
Seized evidence 1.
1. The main point of the grounds for appeal is that the lower court’s imprisonment (three years of imprisonment, confiscation) is too unreasonable.
2. In light of the circumstances properly explained by the court below in the reasons for the sentencing, and the defendant agreed with some victims, and further agreed with the victim CR in the trial, the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., the court below's punishment seems to be somewhat unreasonable. Thus, the defendant's above assertion is justified.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.
[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by this court and summary of evidence are as stated in each corresponding column of the judgment below. Thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant legal provisions concerning criminal facts, Articles 347(1) and 30 (Fraud) of the Criminal Act, Articles 49(4)2 and 6(3)3 (a) of the Electronic Financial Transactions Act, Articles 352, 347(1), and 30 (a) of the Criminal Act, the choice of imprisonment for a crime, and the choice of punishment;
1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 48 (1) 1 of the Criminal Act to be confiscated;