사기
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 5,000,000.
The defendant does not pay the above fine.
1. The summary of the grounds for appeal (e.g., a fine of two million won) of the lower court is deemed to be too unhued and unreasonable.
2. Determination
A. The Defendant, who led to the instant crime, led to the confession of the instant crime and reflects on the amount of damage, and the amount of damage was not significant, and the Defendant returned the entire amount of damage to the victims, and agreed with the victims C, etc.
B. However, on March 29, 2013, the Defendant was sentenced to one year of imprisonment for fraud and completed the execution of the sentence on October 22, 2013. The Defendant repeated the instant fraudulent act under the same several laws during which two months have not passed since the release, and even on December 15, 201, the Defendant had been sentenced to imprisonment for 10 months as a crime of fraud; the Defendant was absent on the date of lawful summons; and the Defendant was also in bad faith in the trial procedure, such as the Defendant’s age, details of the crime, and circumstances after the crime, etc., as a whole, taking into account the following circumstances, it is deemed unfair for the lower court to have been too unreasonable.
C. Therefore, the prosecutor's above assertion is with merit.
3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following is ruled again after pleading.
Criminal facts
The summary of the facts charged and the evidence admitted by the court is the same as 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 provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;