사기등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor and six months) imposed by the court below is too unreasonable.
2. The judgment of the court below is a circumstance unfavorable to the defendant, such as the following: (a) the method of the crime is organized and sealed; (b) the social harm and injury is so great that it is necessary; (c) the act of collecting and delivering cash shared by the defendant is an act of action essential for the crime of Bosing, and the liability for the crime is not somewhat minor; and (d) the victim K’s damage has not been recovered.
However, the Defendant appears to have the attitude of recognizing and opposing the instant crime; the Defendant paid KRW 11.7 million to the victim B and agreed with the victim; the Defendant committed the crime against the victim F by attempted crimes; the Defendant’s age was relatively lower; the Defendant’s primary crime was relatively lower; and other various sentencing conditions specified in the instant records and arguments, including the Defendant’s character and behavior, environment, and circumstances after the crime, are considered as a whole. In full view of the foregoing, the lower court’s punishment is somewhat unreasonable.
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. The legal provisions applicable to the crime, and Articles 347(1) and 30 (Fraud) of the Criminal Act, Articles 352, 347(1) and 30 (Attempted Crime) of the Criminal Act, and the former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act among concurrent criminal offenders who choose imprisonment with prison labor, the reasons for sentencing under Articles 37(1)2 and 50 of the Criminal Act shall be determined as stated in the above paragraph (2).