사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
An application for compensation filed by the court below.
1. The summary of the grounds for appeal (e.g., both punishment and imprisonment) imposed by the lower court on the Defendant is too unreasonable.
2. The judgment does not take place among the persons who were in a repeated crime due to the same crime, and the fact that the defendant continued to commit the crime of this case for the victims of 14 victims continuously and repeatedly during a short period, and that the quality of the crime is very poor is disadvantageous to the defendant.
However, the court below's punishment is somewhat unreasonable in light of the following factors: (a) the defendant shows the attitude of recognizing and opposing the crime of this case; (b) the whole of eight applicants for compensation by the court below (seven persons) and the fact that the victim AB returned the defrauded money to the victim in the case of 2020 Godan4095 as stated in the judgment of the court below; and (c) other factors of sentencing specified in the argument of this case, such as the defendant's age, character and conduct, environment, and circumstances after the crime.
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 Judgment】 The facts constituting a crime and the summary of evidence recognized by the court are the same as the entries in each corresponding column of the judgment below, and thus, they are quoted as they are 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. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 32(1)3 and Article 25(3)3 of the Act on Special Cases Concerning the Dismissal, etc. of Application for Compensation Orders were returned to all applicants for compensation by the court below in the trial. Accordingly, the existence and scope of the defendant's liability for compensation against the above applicants for compensation cannot be determined.