2015No183 Fraudulent

Hong○○ (1958 Students), Religiouss

Both parties

South Korean Wars (prosecutions) and the chief of a court shall hold a public trial.

Attorney Lee Ho-ho et al.

Jeju District Court Decision 2014 Godan1582 Decided April 9, 2015

July 23, 2015

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

1. Summary of grounds for appeal;

A. Defendant

The punishment of the court below (two years of imprisonment) is too unreasonable.

(b) Prosecutors;

The sentence of the court below is too unhued and unfair.

2. Determination

It is true that the defendant recognized the crime of this case and reflected his mistake.

However, in full view of the facts that the crime of this case was committed by the Defendant using his status as a witness, and that it is not good to commit the crime by deceiving the money to the believers, that the sum of the acquired money exceeds 200 million won, in particular, exceeds 337 million won, and that the number of times the Defendant received money to the maximum ○○○○○, does not seem to have made efforts to recover from damage, that there is a previous case where the Defendant was sentenced to imprisonment and a fine for one year and six months, and other circumstances (the scope of punishment according to the sentencing guidelines is from 1 to 4 years) that are the conditions of sentencing that are faced with the argument of this case, such as the Defendant’s age, electricity, environment, and conditions before and after the crime, it is unfair to deem the lower court’

3. Conclusion

Therefore, since the prosecutor's appeal is well-grounded, pursuant to Article 364 (6) of the Criminal Procedure Act, the judgment of the court below is reversed, and it is again decided as follows after the pleading (as long as the appeal of the defendant is without merit, but the judgment of the court below is reversed due to the reasons for the prosecutor's appeal, the appeal

Criminal facts and summary of evidence

The criminal facts of the defendant recognized by this court and the summary of the evidence are as shown in each corresponding column of the original judgment, and therefore they are accepted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 347(1) of the Criminal Code, each choice of imprisonment

1. Aggravation of concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

Reasons for sentencing

As above, paragraph 2 of this Article shall apply.

Lee Jin-hee (Presiding Judge)

Yellow America

Kim Jong-Jin