사기등
All the judgment of the court of first instance except the compensation order part among the judgment of the court of first instance shall be reversed.
Defendant shall be punished by imprisonment.
1. Summary of grounds for appeal;
A. The sentence of each sentence of the court below (the first instance court: imprisonment with prison labor for 1 year, the second instance court: fine for 4 million won, and the third instance court: imprisonment with prison labor for 2 months) is too unreasonable.
B. The sentence of the first instance court’s sentencing by the prosecutor is too uneasible.
2. Determination ex officio) The Defendant appealed against each of the above decisions after having been sentenced to imprisonment for one year, a fine of 4 million won, a district court of Jung-gu District, 2012, 266, 2706, 288, 298, 2013, 196, 229, 379, and 659 (each consolidation) of the District Court Decisions 2012, 2012, 266, 2706, 288, 2013, 229, 279, and 659 (each consolidation). The Prosecutor appealed against the above judgment of the first instance court and appealed in the proceedings of oral proceedings, and the Prosecutor appealed against the above judgment of the court below. Since each of the offenses against the Defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, the judgment of the court below may no longer be deemed to have been sentenced separately for each crime.
3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without a further determination on the assertion of unfair sentencing by the defendant and the prosecutor, and it is again decided following the oral argument as follows.
Criminal facts
The summary of facts and evidence admitted by the court is the same as the sum of each corresponding column of each judgment of the court below, except where the "multifms person" in the fourth sentence of the second instance judgment is "the other person" as "the other person". Thus, it is accepted as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 347(1) of the Criminal Act, Articles 231 and 34(1) of the Criminal Act (the point of fraud) for criminal facts, the Criminal Act for the choice of punishment.