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1. The judgment below is reversed.
2. As to the crime No. 1 as to the judgment of the defendant, the crime No. 2 as to the judgment of the court below is ten months.
Reasons
1. The summary of the grounds for appeal (the first crime: imprisonment with prison labor for one year, and the second crime of judgment for three months) by the court below is too unreasonable.
2. Although the defendant had a record of being punished several times for the same crime, he/she committed the crime of this case at the same time during the period of repeated crime due to the same crime, and the crime of this case is intended to have the defendant be employed as a driver of the Do government office.
It is not good that the victims are accused of the amount of money that is equivalent to the amount of money over several times by deceiving the victims to arrange the secured loan or to arrange the secured loan.
However, in full view of the fact that the defendant agreed with the victim E, that the defendant has been making efforts to recover damage by returning part of the money obtained by deception to the victim K and depositing considerable money for the said victim, and that all of the crimes of this case are recognized, and thus his mistake is seriously against himself, and the equity should be taken into account in the case where the judgment of the court below becomes final and conclusive on April 14, 2012 in accordance with Article 39(1) of the Criminal Act, and other various circumstances that form the conditions for the sentencing specified in this case, such as the defendant's age, character and behavior, environment, family relationship, and circumstances after the crime, etc., it is deemed that the punishment imposed by the court below is too unreasonable.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.
Criminal facts
The summary of the facts charged and the summary of the evidence admitted by this court is as stated in each corresponding column of the judgment below, except for adding "the above judgment became final and conclusive on April 14, 2012," following the facts charged by the court below in accordance with Article 369 of the Criminal Procedure Act. Thus, this is cited as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 347 of the Criminal Act concerning criminal facts and the choice of punishment