사기등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four months.
Part IV (No. 1), one thousand won right which has been seized.
1. The main point of the grounds for appeal is that the court below's imprisonment (four months of imprisonment) is too unreasonable.
2. We examine ex officio prior to the judgment on the grounds for appeal by the defendant for ex officio judgment.
Seized stolen property, the reasons for return to the victim of which are apparent, shall be sentenced to return to the victim by judgment (Article 333(1) of the Criminal Procedure Act), and unless return to the victim is made, seizure of the seized property shall be deemed to have been rescinded (Article 332 of the Criminal Procedure Act), and the investigative agency shall return it to the victim of seizure.
According to the evidence duly admitted and investigated by the court below, the evidence Nos. 1 through 7, which was seized by the defendant by investigative agencies, is clearly attributable to the victims of larceny or fraud from the victims indicated in the judgment of the court below. Thus, the court below erred by omitting the evidence No. 333(1) of the Criminal Procedure Act in ordering the victims to return the evidence No. 1 through 7, which was confiscated by judgment, to the victims.
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, and the judgment below is reversed and it is again decided as follows.
[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment of the court below, thereby citing it as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Articles 329 and 347 (1) of the Criminal Act concerning facts constituting an offense, Article 70 (1) 3 of the Specialized Credit Finance Business Act (a point of using an cut credit card) and the choice of imprisonment, respectively;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. The defendant is identical to the defendant for sentencing of Article 333(1) of the Criminal Procedure Act.