사기
The judgment below
The remainder, excluding the part of the application for compensation order, shall be reversed.
Defendant shall be punished by imprisonment for a period of one year and two months.
1. The main point of the grounds for appeal is that the court below's imprisonment (two years of imprisonment) is too unreasonable.
2. In light of the fact that the total amount of damage caused by the instant crime was KRW 1 billion, while the Defendant was the first offender, the Defendant’s violation of the instant crime, the fact that a considerable number of victims have been additionally agreed in the trial, and the Defendant used the defrauded money by means of the so-called return prevention to pay the victims the profits of stock investment, the lower court’s punishment is deemed to be heavy.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.
[Dao-written judgment] The criminal facts against the defendant recognized by the court and the summary of the evidence are as stated in the corresponding column of each judgment of the court below, and thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 347 (1) of the Criminal Act and the choice of imprisonment with prison labor for the crime concerned;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;