beta
Text
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
Reasons
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) by the lower court is too unreasonable.
2. The crime of “Singing” in which the Defendant was involved was committed by the Defendant’s participation in a planned and systematic manner against many and unspecified persons, with great harm to society as a whole by massing a large number of victims, and the Defendant assumes the position of so-called “alternative immunity” to receive direct money from the victims by misrepresenting his employee of the Financial Supervisory Service. It is recognized that the degree of participation and the liability for the crime is not easy, the Defendant committed each of the crimes of this case without being informed of himself during the period of suspended execution of other crimes, and that the Defendant did not make any effort to recover from damage to his name in total amount of KRW 58 million.
However, the judgment of the court below is final and conclusive after having been sentenced to two years of imprisonment with prison labor for the crime of fraud committed by the same several methods at the same time as each of the crimes of this case in this case, where the defendant confessions all of the crimes of this case and reflects all of the crimes of this case, there is no record of punishment for the same kind before the crime of this case, and there is no profit gained from the crime of this case, and the defendant seems to have been sentenced to imprisonment with prison labor for the same time as the crimes of this case of this case, and the equality with the case of this case should be considered at the same time as the above case, and there is a possibility that the suspension of execution may be revoked due to the case of this case, and in full view of all the sentencing factors as shown in the records and arguments of this case,
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.
[Discied Judgment] Summary of criminal facts and evidence recognized by the court is a summary of criminal facts and evidence.