특정경제범죄가중처벌등에관한법률위반(사기)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for three years.
Provided, That the above punishment shall be imposed for four years from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) by the lower court is too unreasonable;
2. The Defendant, by taking advantage of the weak points in the process of performing the duties of the victimized company, deceives the victimized company by deceiving it, uses a contract under the name of the representative of the victimized company for the purpose of doing so, and uses the money from the crime for personal purposes such as compensating for damages caused by failure to invest in stocks.
However, in consideration of the fact that the defendant led to the crime of this case and is in depth, that the defendant deposited a considerable amount of money out of the amount of damage for the damaged company in the court below as well as that the defendant made a smooth agreement with the victimized company in the first instance, that the defendant has no criminal power, that there is a family member to support the defendant, and that there is other conditions of sentencing as shown in the argument of this case, such as the defendant's age, character and conduct and environment, motive, means and consequence of the crime, circumstances after the crime, etc., the court below's punishment is too unreasonable.
3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal is again decided as follows.
[Discied reasoning of the judgment] Criminal facts and summary of evidence recognized by the court and the summary of evidence are the same as the corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Amended by Act No. 13719, Jan. 6, 2016); Article 347 (1) of the Criminal Act; Article 231 of the Criminal Act; Articles 234 and 231 of the Criminal Act; Article 234 of the Criminal Act; Articles 231 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Amended by Act No. 13719, Jan. 6, 20
1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.