컴퓨터등사용사기등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for a term of two years and two months.
1. The summary of the grounds for appeal that the court below sentenced the defendant (two years and six months of imprisonment) is too unreasonable.
2. The fact that the defendant committed a crime by taking advantage of the personal trust relationship with the victims, the amount of damage is very large, and that the defendant has not repaid the damage to the victims other than the repayment of each five million won to the victims in the first instance is disadvantageous to the defendant.
However, it is favorable to the defendant that the defendant has led to the confession of all crimes, the first offender, and the victims have not want to punish the defendant.
In full view of the above circumstances and other circumstances, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., the sentencing of the court below is deemed to be too unreasonable.
3. In 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 with merit.
【Grounds for the Judgment of the Supreme Court which has been written] Criminal facts and summary of evidence recognized by the court is identical to the facts stated in the corresponding column of the judgment below. Thus, all of them are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 347(1) of the Criminal Act, Article 347-2 of the Criminal Act and Article 347-2 of the Criminal Act and the choice of imprisonment with prison labor for each crime;
1. Of concurrent crimes, the sentence shall be determined as ordered in full view of the various circumstances prior to the reasons for sentencing under the former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act.