사기
The judgment of the court below is reversed.
The defendant shall be punished by imprisonment with prison labor for the second and second frauds which are 1/100 per annum of crime sight table 1.
1. The summary of the grounds for appeal (one year and one hundred months) of the lower court’s punishment (one-year imprisonment for each crime other than the second and second-year imprisonment with prison labor for two months for the crime committed in the table 1 of the crime committed in its holding, and one-year imprisonment with prison labor for each crime other than the second and second-year fraud) is too unreasonable.
2. The judgment has several records of punishment for the same type of fraud, and some of the crimes of this case committed by the defendant during the grace period after being sentenced to a suspended sentence due to fraud, the majority of the victims are the victims, and the damage recovery has not been realized.
However, in full view of the following factors: (a) the total amount of damage is KRW 100 million; (b) the judgment of the court below is deemed to be invalidated; (c) the judgment of the court below is deemed to be valid; (d) the judgment of the court below is deemed to take into account the equity with the case of fraud at the same time with the final judgment in the case of fraud at the same time as the final judgment in the case of a crime committed during the second period (the amount of damage caused by fraud is limited to KRW 500,000); (c) the defendant is in contravention of the defendant's confession; and (d) other various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, sex, environment, motive, means and consequence of the crime; and (e)
Defendant’s assertion is with merit.
3. According to the 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 well-grounded, and the following is ruled after pleading.
Criminal facts
The summary of the defendant's criminal facts and the summary of the evidence is the same as that of each 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. Article 347(1) of the Criminal Act applicable to the facts constituting an offense (limited to each victim, but the fraud regarding U is limited to each victim, and the means and methods of deception are different. Thus, the choice of imprisonment for each act and the choice of punishment)
1. The latter part of Article 37 of the Criminal Code for the treatment of concurrent crimes, provided that Article 39.