특정경제범죄가중처벌등에관한법률위반(사기)등
All judgment of the court below shall be reversed.
Defendant shall be punished by imprisonment for not less than three years and six months.
1. The reasoning of the lower judgment on the grounds of appeal is that: (i) imprisonment with prison labor for three years, and (ii) imprisonment with prison labor for Chuncheon District Court Decision 2017 High Court Decision 2017 High Court Decision 112, 2018 High Court Decision 9 Highity 9 (Joint) decided April 6, 2018 (hereinafter “1 lower judgment”); and (iii) ten months, with prison labor for 2017 Highest 478 decided November 22, 2017 (hereinafter “2 lower judgment”) is too unreasonable.
2. The judgment of the court of first instance and the judgment of the court of second instance against the defendant, each of which was sentenced to and each of which was brought by the defendant, and this court decided to hold concurrent hearings of the above two appeals cases. Since each of the judgment of the court below against the defendant is a concurrent crime 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 of first instance cannot be maintained as it is.
3. If so, the judgment of the court below is reversed ex officio, and the judgment below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and it is again decided as follows through pleading.
Criminal facts
Since the summary of the judgment of the court below is the same as each corresponding column of the judgment of the court below, it is cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 3 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, Article 3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, Article 347(1) of the Criminal Act (including fraud with respect to victim E), Article 347(1) of the Criminal Act (including fraud with respect to victim G and C), and Article 347(1) of the Criminal Act (including fraud with respect to victim G and C, and fraud with respect to victim C)
1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;
1. Three to forty-five years of imprisonment with prison labor for a prison labor;
2. According to the sentencing guidelines, the scope of the recommended punishment [the scope of the recommended punishment] general fraud [the scope of the recommended punishment] shall be the basis of the aggregate amount of the profits of the same concurrent crimes that have no basic area (three to six years) (three to six years) (the person who is subject to special sentencing] of the types of three types (five hundred million won or more, and five billion won or less).