beta
(영문) 광주고등법원 (제주) 2013.07.17 2013노27

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Reasons

1. In light of all the circumstances, such as the fact that the defendant's mistakes in the grounds for appeal against the defendant, the fact that the defendant is divided, and that the defendant is working to recover from damage, the punishment of the court below is too unreasonable.

2. Prior to the judgment on the grounds of appeal by the defendant ex officio, the prosecutor changed the name of the crime against the victim C from "violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud)" to "Fraud" among the charged facts of this case, and deleted "Article 3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes" in the applicable provisions of this case and added "Articles 37 and 38 of the Criminal Act" among the charged facts of this case, "the defendant deceptions the victim as such, and his affiliation from 12th day of July 2010 to 14th day of October 201, 201, the defendant was sentenced to 100 billion won from 36 times in total as stated in the separate sheet of crime No. 100 million won in the defendant's name to 200 billion won in total, and the court below was sentenced to 100 billion won in the name of the victim and 100 billion won in the separate sheet of this case."