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The judgment below
The part against the defendant shall be reversed.
A defendant shall be punished by imprisonment for not less than three years and six months.
Reasons
1. The sentence of the lower court (five-year imprisonment) on the gist of the grounds of appeal is too unreasonable.
2. In light of the fact that the court below repeatedly committed each of the crimes of this case during the period of a repeated crime for which three months have not passed since it was sentenced to a punishment for fraud, such as this case, and that most victims have not yet received a letter of suspicion, it is inevitable to sentence the defendant to a sentence, considering the fact that the court below repeatedly committed each of the crimes of this case during the period of a repeated crime for which three months have not passed since it was sentenced to the punishment for the defendant.
However, if the defendant is a person with a disability of class 2 with a disability in the form of a physical disability and reflects his mistake in depth through a one-year period of detention, and has agreed to do so in full with some victims, etc., and considering the defendant's age, sex, occupation, home environment, motive, means, and result of the crime in the argument of this case, the court below's punishment is unlimited and unfair.
3. In conclusion, as the defendant's appeal is reasonable, the part of the judgment of the court below against the defendant under Article 364 (6) of the Criminal Procedure Act is reversed, and it is again decided as follows after pleading.
【Re-written judgment】 The facts constituting an offense and summary of evidence recognized by the court are identical to each corresponding part of the judgment of the court below, and thus, the summary of the evidence is citing it as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 347(1) of the Criminal Act applicable to the facts constituting an offense (including fraud and each victim), Article 231 of the Criminal Act (the fact of the above Article of private documents), Articles 234 and 231 of the Criminal Act (the fact of exercising the above investigation documents), Article 232 of the Criminal Act (the fact of obstructing the exercise of rights), Articles 329 and 30 of the Criminal Act (the point of intent) of the Criminal Act;
1. Selection of punishments under Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes: Imprisonment; and