상습사기등
The judgment below
Part of the compensation order, except the compensation order, shall be reversed.
A defendant shall be punished by imprisonment for not less than two years and six months.
The defendant.
1. The main point of the grounds for appeal is that the lower court’s imprisonment (two years and six months of imprisonment, and a compensation order) is too unreasonable.
2. Before the judgment on the grounds for appeal ex officio, the prosecutor, at the trial court, applied for changes in the indictment to add the charges of habitual fraud as stated below, and this court permitted this and changed the subject of the judgment. Thus, the judgment of the court below cannot be maintained as it is.
3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground that the above ground of reversal ex officio is the ground of appeal, and the part of the court below's judgment excluding compensation order
【Reasons for the Judgment in Dao-written] The summary of the facts constituting the offense and the evidence admitted by the court below and the summary of the evidence are as follows: ① The part of the judgment in 3th to 4th 2018 was forwarded from December 4, 2018 to February 21, 2019 to 38,209,00 won in total from 86 victims as shown in the annexed crime list as shown in the annexed crime list between December 4, 2018 and February 21, 2019. ② The annexed crime list in the annexed crime list in this case is placed in the annexed crime list in the judgment of the court below; ② The summary of the evidence in the judgment of the court below is the same as the corresponding column of the judgment of the court below, except for the addition of “A police suspect interrogation of the police suspect suspect and the police protocol of CH” to the summary of the evidence in the judgment of the court below as stated in the judgment of the court below.
Application of Statutes
1. Relevant Articles 351 and 347(1) of the Criminal Act for criminal facts (with regard to the occupation of habitual fraud) and Articles 49(4)2 and 6(3)3 of the Electronic Financial Transactions Act (the occupation of a user of means of access) of the same Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes ( mutually among the crimes of violating each Electronic Financial Transaction Act, among the police officers on January 2019);
1. Selection of each sentence of imprisonment;