사기
The remainder of the judgment of the court below, excluding the dismissed part of the R's application for compensation, which is the applicant for compensation, and the 2,3.
1. The summary of the grounds for appeal is unreasonable because each of the original judgments (the first instance judgment: the two-year suspended sentence in August; the second instance judgment in April; the three-year suspended sentence in April; the three-year suspended sentence in April; the two-year suspended sentence in April; and the probation in April) is too unhued and unfair.
2. Prior to the judgment on the grounds for appeal of unfair sentencing by the prosecutor ex officio, each appeal case was tried by the prosecutor in the trial as the prosecutor filed each appeal against the judgment of the court below. As the facts constituting the crime of each judgment of the court below are concurrent crimes under the former part of Article 37 of the Criminal Act, each of the above facts constituting the crime should be sentenced to one punishment for all the above facts under Article 38(1)2 of the Criminal Act, and therefore, the judgment of the court below cannot be maintained in this respect.
3. Accordingly, each court below's decision is reversed in its entirety except the part of dismissal of R's application for compensation among the judgment of the court below of first instance under Article 364 (2) and (6) of the Criminal Procedure Act without examining the prosecutor's allegation of unfair sentencing, and the remaining parts and the judgment of the court below excluding the part of dismissal of application for compensation, among the judgment of the court below of
Criminal facts
The summary of the facts and evidence against the defendant recognized by this court is identical to each corresponding column of each judgment of the court below, and therefore they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of the Criminal Act and Articles 347(1) and 30 (the fact of each fraud except each fraud against the victim's Hyundai Capital and BR) of the Criminal Act, Article 347(1) of the Criminal Act (the fact of each fraud against the victim's Hyundai Capital and BR), 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 suspended sentence is more favorable than the reasons for sentencing under Article 62(1) of the Criminal Act.