사기등
The judgment of the court below is reversed.
Defendant shall be punished by imprisonment for not less than two years and six months.
1. The sentence of the lower court (three years of imprisonment) against the accused against the summary of the grounds for appeal is too unreasonable.
2. Prior to the judgment on the grounds for appeal by the defendant's ex officio, the public prosecutor, at the trial court, applied for changes in indictment by changing the sum of "204,60,000 won" in the last sentence of paragraph (a) of paragraph (1) of Article 1 from among the facts charged, to "a total of 28 times by remitting 185,60,000 won through a total of 25 times," and "a total of 185,60,000 won shall be remitted through a total of 25 times," and "a total of 204,60,000 won shall be deleted and "a total of 185,60,000 won" in the list of crimes (1) as stated in the judgment of the court below. Since this court permitted this, the judgment of the court below shall not be maintained as it is.
3. Accordingly, the judgment of the court below is reversed under Article 364(2) of the Criminal Procedure Act after omitting judgment on the defendant's assertion of unfair sentencing, and it is again decided as follows.
【The reason for the judgment of the court which has been written in Dao] The summary of the facts constituting the crime and the evidence recognized by this court shall be changed to the sum of KRW 204,60,000 in the last sentence of paragraph (a) of paragraph (1) of Article 1 of the facts constituting the crime as indicated in the judgment of the court below that "the defendant acquired by transfer of KRW 204,60,000 in total over 28 times," and the sum of KRW 204,60,000 in the sum of "204,60,000" shall be changed to the sum of 204,60,000 in the list of crimes (1) as stated in the judgment of the court below and the summary of the facts constituting the crime as stated in the judgment of the court below is the same as the corresponding column of the judgment of the court below except for the addition of "the defendant's oral statement" in the summary of the evidence as stated in the judgment of the court below.
Application of Statutes
1. Relevant Article 347(1) of the Criminal Act, Article 329 of the Criminal Act, and imprisonment with prison labor for each of the following: (a) relevant Article of the Criminal Act, the choice of punishment for the crime;