특정경제범죄가중처벌등에관한법률위반(사기)등
1. The judgment below is reversed.
2. The defendant shall be punished by imprisonment with prison labor for six years;
1. The decision of the court below on the gist of the reasons for appeal (six years of imprisonment) is too unreasonable.
2. 직권 판단 원심 판시 범죄사실의 각 범행 일시는 2008. 11. 28. ∽2010. 4. 7. 이므로 행위시법인 구 형법 (2010. 4. 15. 법률 제 10259호로 개정되어 2010. 10. 16. 시행되기 전의 것) 제 42조 본문을 적용하여 유기 징역형의 상한을 정하여야 한다.
Nevertheless, under the premise that the main sentence of Article 42 of the current Criminal Code is applied, the court below erred in calculating the scope of the punishment by "from 3 years to 45 years". The judgment of the court below cannot be maintained as it is.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed and it is decided as follows through pleading.
【Inasmuch as the judgment of dismissal is the same as the facts constituting the crime and the summary of the evidence recognized by the court, and the summary of the evidence are the same as the stated in each corresponding column of the judgment below, it shall be quoted as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article of the Act and the choice of punishment for the crime;
(a) A victim E (the FF company's clothes supply) and fraud against the victim'sO: Article 3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, Article 347 (1) of the Criminal Act (including each of them);
(b) An occupation of the same Article of private documents: Article 231 of the Criminal Act;
(c) The occupation of exercising the above investigation documents: Articles 234 and 231 of the Criminal Act (the choice of imprisonment);
(d) Victim E (which relates to deposits and additional deposits of coffee specialty), victim M, I, N, P, U, W, and X respectively: Article 347 (1) of the Criminal Act (the choice of imprisonment with prison labor);
2. The former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 50 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes [the punishment shall be aggravated for concurrent crimes committed against victimO with the largest penalty].