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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
Reasons
1. The summary of the grounds for appeal (unfair sentencing) is unreasonable in that of the lower court’s punishment (two years of suspended sentence in six months of imprisonment and eight hours of social service).
2. Determination
A. It is recognized that the crime of violation of the National Pension Act, which became final and conclusive in the judgment of the court below, and the crime of this case, are in the relation of concurrent crimes after Article 37
B. However, in full view of the following circumstances: (a) the amount of damage caused by the instant crime is at least 45,431,250 won; (b) the victims did not agree; (c) the Defendant did not recover from the damage; (d) the Defendant had been punished for fraud; and (e) the Defendant had the past record of being punished for fraud; and (e) the age and environment of the Defendant and the circumstances after the instant crime, etc., the sentence of the lower court is deemed unfair and unfair.
(c)
Therefore, the prosecutor's above assertion is justified.
3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is so decided as follows through a new theory of change.
Criminal facts
The summary of the facts charged and the evidence admitted by the court is 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, the choice of punishment for the crime, and the choice of imprisonment;
1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:
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;