사기등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than two years and six months.
1. The decision of the court below on the gist of the reasons for appeal (three years of imprisonment) is too unreasonable.
2. The judgment is based on the facts that the total amount of defraudation is about KRW 260,00,000,000,000 not agreed with the victim, the fact that the defendant escaped for about four years during the investigation process is an unfavorable sentencing ground, and that the defendant has committed a crime for which he/she has committed a violation of the Road Traffic Act, and that the defendant has no criminal record except for the fact that he/she has been punished by a fine due to a violation of the Road Traffic Act around 2011.
In full view of the above sentencing factors, in full view of the Defendant’s age, family relation, economic situation, background and motive leading up to the commission of the crime, and all other matters on the sentencing as indicated in the records and arguments of this case, the judgment below’s punishment is unlimited and unfair, and thus, the Defendant’s assertion is with merit.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court is identical to the facts stated in the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 347(1) of the Criminal Act, Article 327 of the Criminal Act, Article 327 of the Criminal Act, and the choice of imprisonment with prison labor for the crime;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;