사기등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for a term of one year and four months.
18 copies of seized documents (No. 1).
1. The decision of the court below on the summary of the grounds for appeal (the first instance court: imprisonment of 1 year; imprisonment of 1 year; imprisonment of 1 years; imprisonment of 2 months; imprisonment of 8 months) is too unreasonable.
2. Prior to the judgment on the grounds for ex officio appeal, the judgment of the first instance court and the judgment of the second instance against the defendant was rendered, and the defendant filed an appeal against them, respectively. This court decided to hold concurrent hearings of the above two appeals cases. Each of the crimes of the first and second appeals against the defendant in relation to concurrent crimes under the former part of Article 37 of the Criminal Act, which is subject to a single sentence under Article 38(1) of the Criminal Act, and thus, the judgment of the court below cannot be maintained.
3. Accordingly, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed in entirety, and it is again decided as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence admitted by the court are as shown in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Articles 347(1) and 30 of the Criminal Act, Articles 352, 347(1), and 30 of the Criminal Act, Article 97 subparag. 7 of the Telecommunications Business Act (a point of providing telecommunications services) for criminal facts, and selection of imprisonment, respectively;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act is that the defendant recognized each of the crimes of this case and reflected it, the victims of the crime of fraud in the first instance judgment at the court below, the agreement with the victim of the crime of fraud in the second instance judgment at the court of first instance at the court of second instance, and the fact that there is no record of punishment other than the fine of this kind is favorable.
However, the defendant is involved in the organized phishing crime.