사기등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for six months.
1. The summary of the grounds for appeal is unreasonable because each punishment (the first instance judgment: imprisonment with prison labor for three months and the second instance judgment: imprisonment with prison labor for six months) declared by the lower court against the Defendant is too unreasonable.
2. Before the judgment of the court below on the grounds for appeal by the defendant ex officio, each of the offenses in the judgment of the court below which the court below found the defendant guilty was consolidated and tried in the trial. Since each of the offenses in the judgment of the court below is a concurrent offense under the former part of Article 37 of the Criminal Act, each offense in the judgment of the court below should be sentenced to a single punishment pursuant to Article 38(1) of the Criminal Act, the judgment of the court
3. According to the conclusion, the judgment of the court below ex officio pursuant to Article 364(2) of the Criminal Procedure Act without examining the grounds for appeal of unfair sentencing by the defendant is reversed, and the following is again decided after pleading.
Criminal facts
The summary of the facts charged and the evidence admitted by the court is identical to each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Articles 347 (1), 231, 234, and 329 of the Criminal Act concerning the facts constituting an offense and the choice of punishment;
1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;
1. Among concurrent crimes, the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act are confessions and reflects the crimes of this case among the concurrent crimes. The crimes of this case are in the relationship of crime of fraud and ex post facto concurrent crimes with the crime of fraud as indicated in the judgment of the court below where the judgment became final and conclusive. The punishment of this case is determined as ordered by taking into account the following factors: equity with the punishment where the judgment was rendered at the same time as the above final and conclusive crime of fraud; the amount of damage from the crime of this case; the defendant’