사기등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for two years.
Provided, That the above punishment shall be imposed for three years from the date this judgment became final and conclusive.
1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the lower court’s imprisonment (three years of imprisonment) is too unreasonable.
2. The fact that the Act on the Acceptance of Criminal Crimes, such as forging and Using private documents for the commission of judgment fraud, has interviewed and interviewed the victims, the fact that the crime is inferior in light of the content of deception against the victims, and that the amount acquired by the victims is very large is disadvantageous to the Defendant.
However, the court below's punishment is somewhat inappropriate in full view of all the sentencing conditions, including the defendant's age, character and conduct, environment, motive and background of the crime, circumstances after the crime, etc., including the fact that the victim I, AC, T, AG, L, P, Q, and U agreed with most victims, the defendant did not have the same criminal record, and the defendant seems to have been divided in depth through a considerable period of detention.
3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Articles of the Criminal Act and each Article of the choice of private documents concerning the facts constituting an offense: The occupation of uttering of each falsified document under Article 231 of the Criminal Act: The occupation of fraud under Articles 234 and 231 of the Criminal Act: Article 347 (1) of the Criminal Act;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act on the suspension of execution ( considered as favorable circumstances by examining the reasons for reversal in the front);
1. Social service order under Article 62-2 of the Criminal Act;