사기등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for one year.
1. The defendant asserts that the summary of the grounds for appeal is unfair because each of the punishments (No. 1: imprisonment with prison labor for 4 months and 2 months: 8 months) declared by the court below is too unreasonable.
2. The appeal case against the judgment of the court below was consolidated when the judgment of the court below was made ex officio. Each of the crimes in the judgment of the court below against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, and should be sentenced to a single sentence within the scope of punishment aggravated for concurrent crimes in accordance with Article 38(1) of the Criminal Act. Thus, the judgment of the court below cannot avoid all reversal.
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 assertion of unfair sentencing, on the grounds of ex officio reversal, and the judgment below is reversed in its entirety, and it is again decided as follows.
[Discied Judgment] Criminal facts and summary of evidence recognized by this Court and summary of evidence are as stated in each corresponding column of the judgment below.
(Article 369 of the Criminal Procedure Act). Application of law
1. Article 347 (1), Article 239 (1) and Article 239 (2) of the Criminal Act applicable to the facts constituting an offense;
2. Among concurrent offenders, the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act: (a) even though the sum of damages caused by each of the instant fraudulent acts reaches approximately KRW 34 million, the Defendant failed to submit materials related to the recovery of damage to the victims up to the appellate trial; (b) the victims already wished to punish the victims; and (c) the victims already had three times of criminal acts of the same kind (Fraud) and had three times of criminal records or more of criminal records; and (c) the Defendant has also been punished by imprisonment; (d) in relation to the forgery and use of a private signature, the Defendant ambiguousd D from the investigative officer to the resident registration number of D to conceal his/her criminal act; and (e) the crime is not good.