사기
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 1,000,000.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal is too unreasonable that the penalty of 1.7 million won imposed by the court below on the defendant is too unreasonable.
2. The following facts are acknowledged: (a) the crime of this case was committed by deceiving the victims of multiple types of business in which job offer advertisement was conducted in collusion with A in collusion with the victim who caused the job offer advertisement; and (b) the crime was committed by deceiving them as a sum of seven million won in advance under the pretext of advance payment; (c) the crime of this case, including the crime before and after the judgment of the court below, has been already punished several times; (d) there was no agreement with the victims; and (e) there was no evidence to prove that the defendant made efforts to recover from damage in the record.
However, in full view of the following: (a) the Defendant’s recognition of all of the instant offenses; (b) it is economically difficult for the Defendant to bear the expenses of the mother-child’s hospital; (c) each of the instant offenses is in the concurrent relationship between the previous criminal records entered in the lower judgment and the latter part of Article 37 of the Criminal Act; (d) the punishment should be determined in consideration of equity and the case where the judgment is concurrently rendered pursuant to Article 39(1) of the Criminal Act; (e) the balance of the punishment imposed by A, an accomplice, should also be considered; and (e) other various circumstances, including the Defendant’s age, environment, occupation, family relationship, circumstances leading to each of the instant offenses; and (e) the conditions for sentencing
Therefore, the defendant's appeal is justified.
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.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
The laws and regulations;