사기
The judgment below
We reverse the part of the judgment Nos. 1 through 6.
Defendant 1 through 6 as stated in the judgment of the court below.
1. The summary of the grounds for appeal (e.g., punishments Nos. 1 through 6 in the original judgment): Imprisonment with prison labor for one year and six months, and crimes Nos. 7, 8, and 9 in the original judgment: imprisonment with prison labor for six months) of the lower court is too unreasonable.
2. Determination
A. As to the judgment on the crimes of Articles 1 through 6 of the decision of the court below, the fact that the money acquired by the defendant from several victims reaches KRW 392,40,000 in total, and that the same criminal records of the defendant are nine times or more is disadvantageous.
However, the fact that the defendant recognizes all of the crimes, the fact that the court below agreed with the victim B at the court below, and the defendant's ASEAN's decision No. 6 is different from the victim Q Q Q of No. 2 and No. 3-A of the decision of the victim N in the crime No. 4, 5, and 6 at the time of sale, and the victim Q of No. 2 and No. 3-A of the judgment of the court below (the plaintiff is the husband of the defendant) to pay a certain amount every month from May 2019, and the defendant has reached the judgment of the court, and
In full view of the following facts: (a) the Defendant agreed with the victim D of the crime; (b) the crime of fraud and the crime of this part in the judgment of the court below that became final and conclusive are concurrent crimes under the latter part of Article 37 of the Criminal Act; (c) the Defendant’s age, character and conduct and environment; (d) motive, means and consequence of the crime; and (e) the overall conditions of sentencing as indicated in the records and arguments, such as the circumstances after the crime, are unreasonable.
B. The Defendant recognized, reflected, and agreed with the victim regarding the crimes Nos. 7, 8, and 9 of the judgment of the court below.
However, as seen earlier, the Defendant again committed a crime with the same force nine times, and committed each of the crimes in the judgment during the suspension period of the execution of imprisonment for the same kind of crime, and taking into comprehensive account the Defendant’s age, character and conduct, environment, motive, means, and result of the crime and various conditions of sentencing indicated in the arguments and records, this part of the lower court’s punishment against the Defendant is too heavy.