사기등
The remaining parts of the judgment of the court of first instance, excluding the dismissal of an application for a compensation order and compensation order, and the judgment of the court of second instance, respectively.
1. The summary of the grounds for appeal (unfair sentencing: Imprisonment with prison labor for 1 year and imprisonment for 2 months) of the lower court is too unreasonable.
2. Ex officio determination of ex officio, the defendant filed an appeal against the judgment of the court below Nos. 1 and 2, and this court decided to hold concurrent hearings of the above appeal cases.
Since each of the offenses against the accused is concurrent crimes under the former part of Article 37 of the Criminal Act, one punishment should be imposed pursuant to Article 38(1) of the Criminal Act, the judgment of the court below cannot be maintained as it is.
3. The conclusion of the judgment below is that there is a ground for reversal ex officio as above. Thus, without examining the defendant's unfair argument of sentencing, the remaining parts of the judgment below excluding rejection of an application for compensation order and compensation order among the judgment below of the court below of first instance pursuant to Article 364 (2) of the Criminal Procedure Act and the judgment below of the court below of second instance is reversed,
[Grounds for the judgment below] The summary of the facts constituting a crime and evidence recognized by this court is as follows. The summary of the facts constituting a crime and evidence in the judgment of the court below in the first instance / [the facts constituting a crime / [the last 5th judgment of the court below] 8,117,500 won] / [the "8,130,000 won" in the "8,130,000 won per annum 6 loss column of the daily list of crimes / [Attachment 3] 130,000 " 122,500" in the "16 damage column per year 145,000" in the "16 damage column" in the "8,17,500 won" in the aggregate of the damages column "8,130,000 won" in the "8,130,000 won in the judgment of the court below / [the second 5th judgment of the court below] / [the "8,130,00 won in the victim's evidence No.30140.
Except as otherwise stated in each corresponding column of the judgment below, it shall be cited in accordance with Article 369 of the Criminal Procedure Act as it is.
Application of Statutes
1. Relevant Article 347(1) of the Criminal Act, Articles 347(1) of the Criminal Act, Article 347-2 of the Criminal Act, and each of the imprisonment.