사기
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for a term of one year and two months.
1. The summary of the grounds for appeal (in the first instance court: imprisonment with prison labor for one year, and second instance court: imprisonment with prison labor for two months) of the lower court is too unreasonable.
2. Judgment on the grounds for appeal by the defendant ex officio shall be examined ex officio.
The court held that each appeal case against the judgment of the court below was consolidated and tried, and that each offense of the judgment of the court below is concurrent crimes under the former part of Article 37 of the Criminal Act, and thus a single sentence should be sentenced in accordance with Article 38(1) of the Criminal Act, so the judgment
3. Accordingly, the judgment of the court below is reversed ex officio under Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is reversed in its entirety, and it is again decided as follows through pleading.
[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment below, and thus, it is acceptable 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 punishment for the crime, and the choice of imprisonment;
1. Article 35 of the Criminal Act among repeated crimes;
1. From among concurrent offenders, the crime of this case with reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act is not likely to seriously damage the distribution order of online transactions that may not face face-to-face face-to-face face-to-face the other party, and to encourage the general public to create a good morals in society. The defendant committed the crime of this case again during the period of repeated offense even though he had the history of being punished eight times as a crime of fraud, and even though the amount of damage suffered by individual victims is not significant
Even if there were several crimes for a short period of time, the victims have not been completely recovered even if the victims exceeded 60 persons, etc.
On the other hand, however, it is.