특정경제범죄가중처벌등에관한법률위반(사기)등
The judgment of the court of first instance and the judgment of the court of second instance are reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
1. Summary of grounds for appeal;
A. The punishment of the judgment of the court of first instance (one year and six months of imprisonment) against the defendant is too unreasonable.
B. It is unfair that the punishment of the second instance judgment (one year and six months of imprisonment, and two years of suspended execution) against the Defendant by the prosecutor is too unhued.
2. Before the judgment on the grounds for appeal by the defendant and the prosecutor ex officio, the above court below sentenced the defendant guilty on each of the above grounds for appeal. The defendant appealed against the judgment of the court of first instance, and the prosecutor appealed against the judgment of the court of second instance, and the court of first instance decided to hold a joint hearing. Each of the offenses against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act, and all of the offenses against the judgment of the court below should be sentenced to a single sentence within the term of punishment increased by concurrent crimes in accordance with Article 38(1) of the Criminal Act. In this regard, the judgment of the court of first and second judgment cannot be maintained.
3. Accordingly, the judgment of the court of first and second instance on the grounds of ex officio reversal as seen earlier, without examining the Defendant’s assertion of unfair sentencing, are reversed in accordance with Article 364(2) of the Criminal Procedure Act, and the judgment of the court of first and second instances are reversed, and the judgment below is reversed and it is decided as follows
Criminal facts
The summary of the facts charged and the summary of the evidence admitted by the court are identical to the facts charged in the judgment of the court of first instance and the judgment of the court of second instance and the facts charged in the summary of the evidence, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes and the choice of punishment [2014No948] Article 3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes and Article 347(1) of the Criminal Act (including fraud), Article 355(2) and Article 355(1) (including breach of trust and choice of imprisonment] [2014No2931] of the Specific Economic Crimes.