사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six years.
1. The summary of the grounds for appeal that the court below sentenced the defendant (three years of imprisonment) is too unhued and unfair.
2. The fact that the defendant's partial crime is against the time being committed, that part of the victim agreed with or actually repaid with the victim, that the defendant did not have the same criminal record prior to the instant case, and that it is necessary to consider the balance with the case that he was judged with separate cases is favorable to the defendant.
The fact that the defendant committed a crime with a similar method to many victims repeatedly, the amount of damage exceeds 600 million won, a significant portion of damage has not been recovered, and that there is little possibility that the remaining damage will be recovered due to the unknown situation of the defendant's whereabouts immediately before the original sentence date.
In full view of the aforementioned circumstances and the motive, means and consequence of the crime, and the circumstances after the crime, etc., the lower court’s sentencing is deemed to be too uneasible and unreasonable.
3. If so, the prosecutor's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following decision is rendered after pleading.
【Grounds for the Judgment of the Supreme Court which has been written] Criminal facts and summary of evidence recognized by the court is identical to the facts stated in the corresponding column of the judgment below. Thus, all of them are cited 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. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;
1. Of concurrent crimes, the punishment as ordered shall be determined by comprehensively taking into account the various circumstances prior to the reasons for sentencing under the former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act; and