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Of the judgment of the court below, the part of the defendant case shall be reversed.
A defendant shall be punished by imprisonment for not less than two years and six months.
The defendant is a trial.
Reasons
1. The summary of the grounds for appeal (e.g., the first instance court: 2 years of imprisonment; 6 months of imprisonment) of the lower court’s punishment (e.g., the second instance court) is too unreasonable.
2. The defendant filed an appeal against the judgment of the court below and decided to concurrently examine the above appeal cases.
Each of the judgments of the court below against the defendant shall be sentenced to a single punishment within the scope of a prison term imposed under Article 38(1) of the Criminal Act in relation to concurrent crimes under the former part of Article 37 of the Criminal Act. In this regard, the part of the judgment of the court below concerning the defendant's case cannot be maintained as it is.
3. The judgment of the court below is reversed among the judgment of the court below pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the grounds of the above ex officio reversal, and it is again decided as follows.
[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, thereby citing it 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. Article 35 of the Criminal Act among repeated crimes;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. The reason for sentencing under Articles 25(1) and 31(3) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, etc., of Orders for Compensation and Sentence of Provisional Execution [The reasonable circumstance] Defendant is against the confession of the instant crime.
Some of the victims have returned the defrauded money.
[Unjustifiable Circumstances] The Defendant acquired money against many unspecified victims via the Internet.
The defendant has repeatedly committed fraud against 70 victims for a period of about 3 months, and the total amount of damage reaches about 25 million won.
The defendant.