사기미수등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for a term of one year and eight months.
1. The summary of the grounds for appeal (the first judgment: imprisonment with prison labor for a year and six months, and the second judgment: one year) of the lower court is too unreasonable;
2. Judgment on the grounds for appeal by the defendant ex officio shall be examined ex officio.
This Court decided to consolidate each appeal case against the judgment below and decided to hold the judgment below together, and each of the offenses against the judgment below is concurrent crimes under the former part of Article 37 of the Criminal Act, and shall be sentenced to a single sentence within the scope of a limited term of punishment pursuant to Article 38(1) of the Criminal Act. Therefore, all of the judgment below should be reversed.
3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and it is again decided as follows.
[Discied reasoning] The summary of facts constituting an offense and evidence recognized by the court is identical to each corresponding part of the judgment of the court of first and second instance, and thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Articles 352, 347(1), and 30 of the Criminal Act concerning criminal facts, Articles 347(1) and 30 of the Criminal Act, Articles 347(1) and 30 of the Criminal Act, and choice of imprisonment with prison labor
1. Of concurrent crimes, the crime of this case on the grounds of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act is committed by the Defendant who participated in the collection and remittance of the scam criminal organization, by taking part in the criminal organization of Bophishing criminal, by deceiving 10 million won, and 2.9 million won in addition to the attempted crime, and the nature of the crime is bad and very heavy, and the responsibility for the crime is very heavy. Bophishing crime is hard to regulate because it is a secret and organized crime, and it is not easy to recover damage, and its social harm is very great, and it was not recovered, and the Defendant did not recover damage.