beta
(영문) 창원지방법원 2018.02.01 2017노2968

사기

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (three years and six months of imprisonment) is too unreasonable.

2. The judgment of the court below is based on the fact that eight times the defendant was punished for the same kind of crime (six times of punishment, one time of imprisonment, one time of suspended sentence of imprisonment, one time of suspended sentence of imprisonment), the total amount of damage caused by the crime of this case is the maximum amount of 340 million won, which is recognized as a large number of victims, and the defendant is led to confession and reflect against himself, and the victim H was agreed at the court below, and the victim N, N, I, L, F, J, K, and K agreed at the court below, and the victims do not want punishment against the defendant, and other matters concerning the defendant's age, occupation, sex, family relation, circumstances after the crime, and other records and arguments of this case are recognized as unfair since the punishment of the court below is without merit.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated in each corresponding column of the judgment below, thereby citing it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;