특정경제범죄가중처벌등에관한법률위반(사기)등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for seven years.
An applicant for compensation shall be dismissed.
1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the lower court on the Defendant (the first instance court: three years of imprisonment, the second instance court: imprisonment with prison labor for seven years, the third instance court: imprisonment with prison labor for six months, and the fourth instance: imprisonment with prison labor for four months) is too unreasonable.
2. We examine ex officio prior to the judgment on the grounds for appeal by the defendant.
As to the judgment of the court below which convicted the defendant, the defendant appealed, and this court conducted a consolidated trial on each of the above cases.
Each of the crimes committed by the Defendant constitutes concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, a single sentence should be imposed at the same time pursuant to Article 38 of the Criminal Act. Therefore, the above judgment of the court below cannot be maintained as it is.
3. Each judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's reasons for an unfair appeal for sentencing, and the judgment below is reversed in entirety, and it is again decided as follows through pleading.
In addition, the application for compensation in this case constitutes a case where it is not reasonable to issue an order for compensation in criminal proceedings because the scope of the defendant's liability for compensation is not clear, and thus, it is dismissed in accordance with Articles 32 (1) 3 and 25 (3) 3 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings.
[Grounds for the new judgment] Application of Acts and subordinate statutes as stated in the corresponding column of the judgment of the court below on criminal facts and summary of evidence (which is invoked as it is in accordance with Article 369 of the Criminal Procedure Act)
1. Article 3 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, Article 3 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, Article 347 (1) of the Criminal Act (including the fraud of Paragraph (1) of the judgment of the court below), Article 347 (1) of the Criminal Act (including the fraud of Paragraph (1) of the judgment of the court of first instance), Article 347 (1) of the Criminal Act (including the remaining fraud of the judgment of the court of first instance, and Paragraph (2) of the judgment of the court of first instance), Articles 109 (1) and 36 of the Labor Standards Act, and Article 2 (1) 2 of the Control of Illegal Check Act (excluding the punishment of imprisonment), respectively.