사기등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for a term of one year and three months.
Seized evidence 2 or 3 shall be confiscated.
1. The summary of the grounds for appeal (e.g., misappropriation) of the lower court’s respective punishment (e.g., 1 year of imprisonment and 1 year of confiscation, and 1 year of imprisonment) is too unreasonable.
2. Each appeal case against the judgment below was consolidated in the judgment of the court of ex officio reversal following the consolidation. Since each of the above judgments constitutes concurrent crimes under the former part of Article 37 of the Criminal Act and should be sentenced to a single punishment in accordance with Article 38 of the Criminal Act, the judgment of the court below cannot be maintained any more.
Therefore, without examining the Defendant’s assertion of unfair sentencing, all the judgment of the court below under Article 364(2) of the Criminal Procedure Act is reversed, and the following judgment is rendered through pleading.
[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to each corresponding column of the judgment below, and thus, they are quoted as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Articles 225, 30 of the Criminal Act and Articles 225, 229, 225, and 30 of the Criminal Act concerning facts constituting an offense, and Articles 347 (1) and 30 of the same Act concerning the selection of punishment;
1. From among concurrent crimes, the crime of Bosing in this case, in which the Defendant participated in the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, among the concurrent crimes, is committed in a systematic, planned and intelligent manner against many unspecified victims by sharing the roles of a large number of people, and the crime is considerably poor, and the crime is committed in a short period, and a complete recovery of damage is not made to an unspecified number of unspecified victims is most serious crimes such as seriously damaging the trust of the general members of society as well as the financial institution and other trading partners. Therefore, it is inevitable to strictly punish them.
However, the defendant is out of the amount of damage to the victim B.