사기등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment with prison labor for not less than three years and two months.
1. The decision of the court below (the first instance court: the imprisonment of two years and eight months, and the second instance: the imprisonment of six months) is too unreasonable, which is a summary of the grounds for appeal.
2. Prior to the judgment on the grounds of appeal by the defendant's ex officio, the court of original judgment sentenced the defendant to imprisonment with prison labor as above after examining the grounds of appeal by the defendant, and the defendant filed an appeal against each of the above judgments and decided to hold a joint hearing by this court. Each of the offenses against the defendant in the judgment of the court below against the defendant is a concurrent offense under the former part of Article 37 of the Criminal Act, and a single sentence shall be adjudicated at the same time in accordance with Article 38 (1) of the Criminal Act.
Therefore, the judgment of the court below can no longer be maintained.
3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and it is again decided as follows without further proceeding to decide on the Defendant’s unfair assertion of sentencing, on the grounds that the judgment of the court below was reversed ex officio as seen earlier.
Criminal facts
The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns of each of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Articles 225 and 30 of the Criminal Act, Articles 229, 225, and 30 of the Criminal Act, Articles 229, 225, and 30 (the use of forged official document) of the Criminal Act, Articles 231, 30 of the Criminal Act, Articles 234, 231, and 30 of the Criminal Act, Articles 234, 231, and 30 of the Criminal Act, Articles 329 and 30 of the Criminal Act, Articles 347 (1) and 30 of the Criminal Act, Articles 347 (1) and 30 of the Criminal Act (the use of document as mentioned above), Articles 19 (1) and 30 of the Act on the Registration of Loan Business and the Protection of Financial Users, respectively, (the provision of Article 30 of the Criminal Act shall not apply in cases of fraud committed by the defendant solely).
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of penalty;