사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for two years.
1. The sentence of the lower court (three years of imprisonment) is too unreasonable as to the summary of the grounds for appeal.
2. We examine ex officio the grounds for appeal prior to the judgment.
In the first instance of the trial, the prosecutor applied for changes in the indictment as stated below in the summary of the facts charged and evidence, and since this court permitted changes in the subject of the trial, the judgment of the court below was no longer maintained.
3. The judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment of the court below is reversed, and the following is again decided after pleading.
[Re-use] The summary of the facts constituting an offense and evidence recognized by this court is changed to Schedule 1 in the attached Form of the judgment of the court below to Schedule 1 in the summary of the facts constituting an offense and evidence. The phrase of the facts constituting an offense and the summary of the evidence is changed to Schedule 1 in the annexed Form 2 of the judgment of the court below, and the phrase “net 1 through 49” in the 2nd page 14 of the facts constituting an offense is changed to “net 1 through 48 times”, “total 50,300,000 won” in the 15th of the 15th of the facts constituting an offense, and “350,000 won” in the “net 50,000 won” in the 16th of the 16th of the 16th of the 16th of the 19th of the 49th of the 19th of the 19th of the 2nd of the 2nd of the 15th of the Criminal Procedure Act.
Application of Statutes
1. Relevant Articles of the Criminal Act and Article 347 (1) of the Criminal Act concerning the facts constituting an offense (to be collectively punished, each of them shall be selected as imprisonment);
1. The Defendant, who has been subject to several criminal punishments for the same kind of crime as the sentencing reasons under the former part of Article 37, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes, acquired 370 million won against 2 victims and acquired 370 million won against them, and the quality of such crime and the criminal situation are considerably significant, and even until now, the victims and the victims have not agreed with them are disadvantageous to the Defendant.
However, when the defendant was in the first instance, confession and reflects the crime of this case, and the victim D.