사기등
The judgment below
Part concerning the first and second crimes in the judgment shall be reversed.
A person shall be punished by imprisonment with prison labor for the first and second crimes against the defendant.
1. The summary of the grounds for appeal is too unreasonable that each sentence imposed by the court below on the defendant (as to the crimes Nos. 1 and 2 in the judgment of the court below, 4 months in imprisonment and 5 million won in fine for the crimes No. 3 in the judgment of the court below) is too unreasonable.
2. Determination
A. The fact that the defendant's judgment on the crime Nos. 1 and 2 of the holding is not less than 20 million won in total, such as the amount obtained by deception from victim E, and that there is a record of criminal punishment several times due to the same crime is disadvantageous to the defendant.
However, since the defendant was in the trial for the first time, all of the crimes of this case are recognized and against the defendant, since the decision of the court below was made, the victim E and the defendant expressed his intention that the above victim would not want the punishment. The crime of this case is in the concurrent relation between the crime of violating the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, etc., which became final and conclusive on November 28, 2008 and the crime of this case under the latter part of Article 37 of the Criminal Act, and there is a need to determine the punishment for the crime of this case in consideration of equity in the case where the judgment is concurrently rendered under Article 39(1) of the Criminal Act, and there is no criminal record exceeding the fine, and other various sentencing conditions as shown in the records and arguments such as the defendant's age, character and behavior, family environment, and
B. There are extenuating circumstances to consider that the Defendant recognized the crime of violation of the Labor Standards Act in the instant case against the judgment regarding the third crime.
However, the sum of the Defendant’s wages in arrears reaches KRW 12 million, and the overdue wages have not been paid up to now, the fact that the Defendant has been punished four times by a fine due to the same kind of crime, the circumstances favorable to the Defendant appears to have been sufficiently considered in the original judgment. There are no special changes in circumstances that may change the type of the Defendant’s punishment, and the motive and circumstances leading to the instant crime, the frequency, period, scale, and crime.