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The judgment below
The part of the case of the defendant is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
Reasons
1. The decision of the court below on the gist of the grounds for appeal (one year and four months of imprisonment, three years of suspended execution of one year and four months, and two years of observation of protection) is too unhued and unreasonable.
2. It is recognized that the defendant made a confession of all of the crimes.
However, in light of the form, method, frequency, etc. of each of the crimes of this case, it is deemed that the punishment imposed by the court below is too unfair, considering all of the sentencing conditions in the arguments of this case, such as the defendant's age, sex, environment, motive, means, and consequence of each of the crimes of this case, and the motive, means, and consequence of each of the crimes of this case, etc., it is recognized that the punishment imposed by the court below is too unreasonable, considering the following factors: (a) the defendant has been sentenced to a fine of fraud under the same several laws; (b) the victim was 63 persons; (c) the victim was a majority; (d) the amount of damage was 1,480,00 won; (e) the victim was not recovered at all; and
3. Accordingly, the prosecutor’s appeal is with merit, and pursuant to Article 364(6) of the Criminal Procedure Act, the part of the case of the defendant among the judgment below is reversed, and the following is again decided after pleading.
Criminal facts
The summary of the facts charged and the summary of the evidence acknowledged by this court is as follows. The "(Account Number:F)" of the first instance court's order 2017 senior group 4190 senior group 9 in part "AT" and the summary of the evidence is as stated in each corresponding column of the lower court's judgment, except where "AK" of partial 4190 senior group 5 in part "2017 senior group 4190 is deemed as "AS". Thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of a penalty;
1. The aggravated punishment for concurrent crimes: the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (the aggravated punishment for concurrent crimes, No. 9, a year of inundation of the most severe crime)