사기
All the judgment below is reversed.
A defendant shall be punished by imprisonment for four years.
1. Determination of the summary of the grounds for appeal (Article 1: 4 years of imprisonment with prison labor for the original instance, and Article 2 (8 months of imprisonment for the second instance) is unreasonable.
2. Each of the judgments of the court below that joined the judgment of ex officio is a concurrent offense relationship under the former part of Article 37 of the Criminal Act, and a sentence should be imposed pursuant to Article 38(1) of the Criminal Act.
The judgment of the court below cannot be maintained.
3. The judgment of the court below contains reasons for ex officio reversal.
Pursuant to Article 364(2) of the Criminal Procedure Act, all of the appeals shall be reversed, and the following judgments shall be rendered:
Criminal facts
Criminal facts and the summary of evidence recognized by this court are as shown in the corresponding column of the original judgment.
Article 369 of the Criminal Procedure Act is quoted as it is.
Application of Statutes
1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;
1. Article 35 of the Criminal Act among repeated crimes;
1. The reasons for sentencing Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act, which aggravated concurrent crimes, committed the crime during the period of repeated crimes.
The number and scale of victims is significant.
After committing the crime, the Republic of Korea escaped from the Philippines.
In the appellate court, there was an agreement with some victims, such as the agreement with K,O, and Y.
Some of the acquired money was repaid.
Attached Form
The scope of recommendations according to the sentencing guidelines (one to six years of imprisonment), and other factors for sentencing shall be determined by integrating the factors for sentencing.