사기등
The judgment of the court below of first instance except for a compensation order and the judgment of the court of second instance shall be reversed.
Defendant .
1. The punishment of each court below (the first court below's imprisonment with prison labor for 2 years, and the second court's imprisonment with prison labor for 6 months) is too unreasonable.
2. The first instance court accepted all applications for compensation filed by B, C, D, E, F, G, H, I, K, L, M, and N by the lower court. The Defendant shall be deemed to have lodged an appeal against the first instance judgment pursuant to Article 33(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings by filing an appeal against the lower court.
However, without stating the grounds for appeal regarding the part of the order for compensation in the petition of appeal and the statement of grounds of appeal submitted by the defendant and his defense counsel, and even if ex officio examination is conducted, the part of the order for compensation cannot be revoked and the grounds for amendment. Thus, the part of the judgment of the court of first instance accepting the order for compensation against B, C, D, E, F, G, H, I, K, L, M and N in the judgment
3. The grounds for appeal by the defendant ex officio are examined ex officio prior to the judgment.
The judgment of the court below was pronounced to the defendant in sequential, and the defendant filed each appeal against the judgment of the court below.
This Court decided to consolidate the above two appeals cases.
However, each of the offenses committed by the lower judgment guilty is concurrent crimes under the former part of Article 37 of the Criminal Act.
In this regard, one punishment should be sentenced in accordance with Article 38 (1) of the Criminal Act.
Accordingly, the remaining parts of the judgment of the court of first instance except the compensation order and the judgment of the court of second instance cannot be maintained as they are.
4. Since the above grounds for ex officio reversal of the judgment on the defendant's assertion of unfair sentencing exist, pursuant to Article 364 (2) of the Criminal Procedure Act, the remaining parts of the judgment of the court of first instance except for compensation order among the judgment below shall be reversed, and the judgment of the court of second instance shall be
Criminal facts
The summary of facts and evidence recognized by this court shall be stated in the corresponding column of the judgment below.