beta
Text
The judgment of the court below is reversed.
The defendant shall be punished by imprisonment with prison labor for the crimes No. 7 of the judgment of the court below, and the crimes No. 2 and 3 of the judgment of the court below.
Reasons
1. The summary of the facts charged of the instant case is as follows: (a) the Defendant deceptioned the victim He; (b) obtained KRW 143,218,536 from May 20, 201 to April 23, 2012; (c) deceiving the victim He; (d) acquired financial benefits equivalent to KRW 7,830,362 from May 27, 201 to March 18, 201; (c) by deceiving the victim H; and (d) deceiving the victim from 0.6 to 0.6 to 10.6,00 to 20,000; and (e) deceiving the victim from 10.6 to 20.6,00 to 20,000 to 20,000 won; and (e) deceiving the victim from 20,000 won to 30,000 won to 31,313,201; and (e) deceiving the victim’s testimony from 20,30,31,3134,13130.
(No. 8 of the original decision) is a crime.
2. Summary of grounds for appeal;
A. The sentence of the lower court (one year and four months of imprisonment with prison labor for the crimes Nos. 2, 3, and 7 in the original judgment and for the crimes No. 1, 6, and 8 in the original judgment) is too unreasonable.
B. The prosecutor’s sentence of the lower court is too unhued and unreasonable.
3. Ex officio determination
A. On November 25, 2011, the lower court rendered an ex officio determination on the part of Articles 2, 3, and 7 in the holding of the lower judgment, on the ground that the part of the crime of Articles 2, 3, and 7 in the holding of the lower judgment, which was committed prior to the final and conclusive judgment on March 23, 2012 (hereinafter “B prior to the final and conclusive judgment”), was sentenced by Defendant A to four months of imprisonment for fraud, etc. at the Suwon District Court on March 25, 201, and two years of a suspended sentence of imprisonment for fraud, etc., and that the said judgment became final and conclusive on March 23, 2012, the lower court
However, according to the evidence of this case, the defendant was sentenced on June 27, 2008 to 1 year of imprisonment with prison labor and 2 years of suspended execution at Suwon District Court, and sentenced on July 5, 2008.