사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
1. The summary of the grounds for appeal (e.g., imprisonment with labor for not less than 10 months) by the court below is too unreasonable.
2. The crime of fraud in the middle-class trading of judgment requires a strict punishment of social harm caused by disturbing sound order in the middle-class trading of high-ranking vehicles, and by spreading an unspecified number of victims.
Defendant has been punished for the same kind of crime.
The value of the vehicle acquired by the victims exceeds 90 million won in total.
The victim C did not agree with the victim C.
However, the Defendant recognized all of the crimes of this case and opposed thereto.
In the first instance, the victim's damage is repaid to the victim G and the victim does not want the punishment of the defendant.
In full view of the above circumstances, Defendant’s character, conduct and environment, motive, means and consequence of the crime, circumstances after the crime was committed, and criminal records, etc., the sentence of the lower court is somewhat unreasonable.
3. The judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.
[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment of the court below, and thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Of concurrent offenders, the sentence is to be determined as ordered by taking into account the following factors: (a) the first sentence of Article 37; (b) Articles 38(1)2 and 50 of the Criminal Act; (c) and (d) the judgment on the grounds of the above appeal.