사기등
All judgment of the first instance is reversed.
A defendant shall be punished by imprisonment for two years.
A seizured D. D. L.C.
1. Each sentence of the first instance judgment of the first instance court of the summary of the grounds for appeal (unfair sentencing): The punishment of imprisonment with prison labor of 8 months and confiscation of party members and the first instance judgment of 1626 case of party members 2016: imprisonment with prison labor of 1 year and 6 months) is too unreasonable.
2. We examine the defendant's grounds for appeal ex officio prior to judgment.
This Court held that each appeal case against the judgment of the court of first instance against the above judgment was consolidated and tried, and each of the offenses in the judgment of the above case is concurrent offenses under the former part of Article 37 of the Criminal Act, and should be punished as a single sentence within the scope of the term of punishment imposed by aggravated concurrent offenses in accordance with Article 38(1) of the Criminal Act. Thus, all of the judgment of the court of first instance should be reversed.
3. In conclusion, the judgment of the first instance 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 of the first instance is reversed in entirety, and the following is again decided after pleading.
[Re-written judgment] The summary of each of the facts constituting an offense and evidence against the defendant recognized by the court and the summary of each of the evidences is identical to the facts in the judgment of the court of first instance. Thus, all of them are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 347(1) of the Criminal Act and Article 347(1) of the Criminal Act (the fraud, the choice of imprisonment), Article 70(1)3 (the use of lost debit cards, the choice of imprisonment), Article 329 of the Criminal Act (the intention of Section 329), Article 366 of the Criminal Act, Article 366 of the Criminal Act, Article 319(1) of the Criminal Act, Article 360 (1) of the Criminal Act (the occupation of intrusion upon a structure, the choice of imprisonment), Article 360 (1) of the Criminal Act (the embezzlement of deserted articles, the choice of imprisonment), Article 360 of the Criminal Act (the occupation of embezzlement, and the choice of imprisonment).
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. Chapter 1 of Article 48(1)1 of the Confiscation Criminal Act [No. 10,000 won seized (No. 4 (No. 5118 evidence No. 518 of the Seoul Central District Prosecutors' Office), 5,000 won (the same part)