사기
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for one year.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (2017No. 651: Imprisonment with prison labor for 6 months, 2017No. 879: Imprisonment for 10 months) is too unreasonable.
2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the judgment of the court below Nos. 1 and 2 against the defendant was rendered, and the defendant filed an appeal against each of the above judgment below, and this court decided to hold concurrent hearings of each of the above appeal cases. Since each of the offenses of the first and second judgment against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, one sentence should be imposed in accordance with Article 38(1) of the Criminal Act, and thus, all of the judgment of the court below cannot be maintained.
3. The court below's decision is reversed ex officio pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and it is again decided as follows.
【Grounds for another judgment】 Criminal facts [2017No 651]
1. On February 26, 2015, the Defendant: (a) around February 26, 2015, in a teahouse in Jongno-gu Seoul, Jongno-gu; (b) around February 26, 2015, the Defendant: (c) from the teahouse in Jongno-gu, Jongno-gu, Seoul to the victim H, “on the loan of the necessary money to the victim H to carry out a carpeting project.” (d) When the Defendant borrowed the necessary money, he/she will be paid the extended money once every month from June 2015 to August 2015.
The phrase “ makes a false statement.”
However, in fact, the Defendant did not have any property or income, while the Defendant did not have any property or income at the time, and the amount received from the injured was intended to be used as repayment of his/her debt, etc., not for the Ka Pon remodeling, so even if he/she borrowed money from the injured party, the Defendant did not have any intent or ability
Nevertheless, on March 5, 2015, the Defendant, by deceiving the victim, was delivered KRW 10 million to the national bank account in the name of the Defendant to the victim.
2. Fraud around April 2015.