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 (unfair sentencing) of the lower court’s punishment (an amount of KRW 3 million) is too unreasonable.
2. In light of the fact that the crime of this case was committed by the leading defendant, although the leading defendant did not have the intention or ability to operate the fraternity normally, the crime of this case is not less than 9 million won in total as a matter of money fraud from the victims, and the quality of the crime is not less exceptionally punished.
However, on the other hand, when the defendant was found to have committed the crime of this case and reflects his mistake in depth, there is no past history of criminal punishment or a fine heavier than that of a fine for the same kind of crime, and the victims do not want the punishment of the defendant by mutual consent with the victims in the past, and again, they do not avoid such a mistake.
In full view of the fact that the sentence of the lower court is too unreasonable, considering the circumstances leading up to the instant crime, the age of the Defendant, sexual conduct, environment, etc., and the various sentencing conditions shown in the records and arguments, the lower court’s punishment is too unreasonable. Therefore, the Defendant’s assertion is with merit.
3. If so, the defendant's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided after pleading as follows.
[Re-written judgment] The summary of criminal facts and evidence against the defendant recognized by this court is to be corrected ex officio in accordance with Article 25 of the Regulations on Criminal Procedure since the above part of the criminal facts in the judgment of the court below which corrected "victim C" as "victim F", and each of the above part of the criminal facts in the second page 9 as "victim F", is obvious in the record that it is a clerical error. Thus, it is to be corrected ex officio in accordance with Article 25 of the Regulations on Criminal Procedure.
In addition, the Criminal Procedure Act is the same as the corresponding column of the judgment of the court below, except for adding “1. Defendant’s oral statement” to the summary of the evidence.