Text
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than three years and six months.
Reasons
1. The four-year imprisonment sentenced by the court below to the summary of the grounds for appeal is too unreasonable.
2. The judgment is based on the following facts: (a) the majority of the victims due to each of the crimes of this case are victims, and the amount of damage therefrom is considerable, and the defendant's liability is heavy; (b) despite the fact that the defendant paid 10 million won to the victim N, in addition to the reality that the defendant did not pay the remaining victims any particular amount, it is recognized that the defendant agreed with the above victim on the condition that he would pay some of the amount to the victim N and later pay the remainder, (c) the defendant is the initial offender and must not repeat and repeat the crime; and (d) taking into account various sentencing conditions stipulated in Article 51 of the Criminal Act, such as character and behavior, environment, motive, means and consequence of the crime, and circumstances before and after the crime, the sentence imposed by the court below against the defendant is too unreasonable. Thus, the above argument of the defendant is justified.
3. Accordingly, according to the conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is again decided after pleading.
Criminal facts
The summary of the evidence and the facts charged against the defendant recognized by the court and the summary of the evidence are the same as the corresponding column of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 347(1) of the Criminal Act; Article 70(1)4 of the Specialized Credit Finance Business Act (the use of credit card acquired with the network), Articles 347(1) and 30 of the Criminal Act (the point of use of credit card acquired with the network), the choice of imprisonment for a crime; and the choice of imprisonment for a crime;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;