사기등
All judgment of the court below shall be reversed.
Defendant
A Imprisonment with prison labor of one year and six months, and one year, respectively.
1. Each sentence of the lower court against the Defendants in the summary of the grounds for appeal (the first instance judgment: imprisonment with prison labor for 2 years, and imprisonment with prison labor for 4 months) is too unreasonable.
2. Before deciding on the grounds for appeal by the Defendants, this Court tried to hold the Defendants together with each appeal case. Each of the offenses listed in the judgment below is a concurrent offense relationship under the former part of Article 37 of the Criminal Act, and should be punished as a single sentence within the scope of punishment aggravated for concurrent offenses pursuant to Article 38(1) of the Criminal Act. In this respect, the judgment of the court below is no longer maintained.
3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the Defendants’ assertion of unfair sentencing, and it is so decided as follows.
Criminal facts
The summary of the facts constituting an offense recognized by this court and the summary of the evidence thereof are as follows. Except where the court's judgment " November 18, 201" in the first instance judgment is deemed as " November 18, 2014." and all of the judgment below's corresponding columns are the same as the corresponding columns of the court below, and thus, they are quoted as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Articles 231 and 30 of the Criminal Act, Articles 234, 231, and 30 of the Criminal Act, Articles 230 and 30 of the Criminal Act, Articles 230 and 30 of the Criminal Act, and Articles 347 (1) and 30 of the Criminal Act, respectively, concerning the facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (the crimes of the uttering of each official document and the crimes of the unlawful uttering of each official document shall be punished with more severe punishment and the punishment specified for the crimes of the uttering of each official document);
1. Selection of each sentence of imprisonment;
1. Of concurrent crimes, the former part of Article 37, Article 38(1)2, and Article 50 of each Criminal Act shall apply mutatis mutandis to concurrent crimes, and the punishment stipulated in the crime of fraud No. 2, a 10-year table of the judgment of the court of first instance, which is the most severe penalty.