Text
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for not less than three years and six months.
The defendant shall pay compensation to the applicant.
Reasons
1. The decision of the court below on the gist of the grounds for appeal (the first instance court: Imprisonment with prison labor for 3 years and 6 months, and the second instance court: imprisonment with prison labor for 6 months) 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 crime of the judgment below against the defendant is one of the concurrent crimes under the former part of Article 37 of the Criminal Act, and a sentence shall be imposed within the scope of the term of punishment aggravated for concurrent crimes pursuant to Article 38(1) of the Criminal Act. In this regard, the judgment of the court below cannot be maintained as it is.
3. The conclusion of the judgment below is that there is a ground for reversal ex officio as above. Thus, without examining the defendant's unfair argument of sentencing, all the judgment below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act, and it is again decided after pleading as follows (in accordance with Article 25 (1) of the Regulation on Criminal Procedure, it is corrected that the sentence No. 12 of the judgment below is deleted ex officio, pursuant to Article 25 (1) of the Regulation on Criminal Procedure). [Re-written judgment] The summary of criminal facts and evidence recognized by the court is the same as the corresponding column of the judgment of the court below, and thus, it is accepted by Article 369 of the
Application of Statutes
1. Relevant provisions of the Criminal Act, Article 347(1) of the Criminal Act (the point of fraud), Articles 352 and 347(1) (the point of attempted fraud) of the Criminal Act, and the choice of imprisonment for a crime;
1. Article 35 of the Criminal Act for aggravated repeated crimes;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Reasons for sentencing of Article 25(1) and Article 31(1) through (3) of the Act on Special Cases concerning the Promotion, etc. of Litigation, etc. of Compensation Orders and Sentence of Provisional Execution [ favorable circumstances] Defendant shall both confession and reflect all of the crimes of this case.
Some of the crimes were attempted, and the defendant returned 200,000 won to L.
[Unfavorable circumstances] Each of the instant crimes is the means and means thereof.