사기
All judgment of the court below shall be reversed.
Defendant shall be punished by a fine of three million won.
The above fine shall not be paid by the defendant.
1. In light of the fact that the defendant in depth reflects the gist of the grounds for appeal, and that the defendant is scheduled to pay the amount of damage to the future victims, the punishment imposed by the court below (a fine of 1.5 million won) is too unreasonable.
2. The judgment of the court of first instance and the judgment of the court of second instance on the defendant's ex officio determination were rendered, and the defendant filed each appeal against them, and the court decided to concurrently examine the above two appeals cases.
However, since each crime of the first and second judgment against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, one punishment should be sentenced in accordance with Article 38(1) of the Criminal Act.
Therefore, the judgment of the court below Nos. 1 and 2 cannot be maintained as it is.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair assertion of sentencing, and it is again decided as follows.
[Re-written judgment] The summary of the facts constituting an offense and evidence recognized by the court and the summary of the evidence are identical to each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 347 of the Criminal Act and Article 347 (1) of the Criminal Act and the choice of fines for the crime;
1. Subsequent to Article 37 of the Criminal Act dealing with concurrent crimes: Provided, That Article 39 (1) shall apply;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Although the Defendant had already been punished several times as a crime of fraud under Article 334(1) of the Criminal Procedure Act, the Defendant committed each of the instant crimes under similar multiple laws.
There is no agreement with the victim or efforts to recover damage until the trial of the party.
On the other hand, the Defendant each of the instant cases.