사기등
The judgment below
The remainder, excluding the rejection of an application for compensation order, shall be reversed.
The sentence against the defendant.
1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.
2. Determination: (a) repeatedly committed the instant fraud by taking advantage of the personal trust relationship with the victims who were known to the Defendant while working as an insurance solicitor; (b) the total amount of the instant fraud was not agreed with the victims even in the name of KRW 102,810,90; (c) while on the other hand, the Defendant recognized the Defendant’s mistake and reflects it; (d) the Defendant paid KRW 6,185,00 to the victims F; and (e) the Defendant paid KRW 34,846,930 to the victims C; and (e) the primary offender is favorable circumstances; and (e) comprehensively taking account of other various sentencing conditions shown in the instant argument, such as the background of the instant crime, the circumstances after the commission of the crime, the Defendant’s age, character and conduct, and the environment, the lower court’s punishment is deemed unreasonable. Therefore, the Defendant’s allegation is reasonable.
3. In conclusion, the defendant's appeal is with merit, and the remaining part of the judgment below excluding the rejection of the application for compensation order among the judgment below pursuant to Article 364 (6) of the Criminal Procedure Act is reversed, and the following is again decided
Criminal facts
The summary of facts constituting the offense and evidence recognized by the court as described in this Court shall be as shown in the corresponding columns of the original judgment.
(Article 369 of the Criminal Procedure Act). Application of law
1. Relevant provisions of the Criminal Act, Article 347(1) of the Criminal Act, the establishment of homeland reserve forces (amended by Act No. 12791, Oct. 15, 2014; hereafter the same shall apply) and Articles 15(9)1 and 6 of the former Act on the Establishment of homeland reserve forces (amended by Act No. 12791, Oct. 16, 2015; hereafter the same shall apply), and the choice of imprisonment for each type of punishment;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;