사기방조등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for two years.
1. The summary of the grounds for appeal (unfair punishment) asserts that the Defendant’s respective sentences of the lower court (one year and six months of imprisonment each of the lower judgment and the lower court’s judgment: one year and six months) are too unreasonable, and that the prosecutor of the lower court’s first instance judgment’s punishment is too uneasible and unreasonable.
2. The appeal case against the judgment below was consolidated in the judgment of the court of ex officio reversal following the consolidation, and each crime of the judgment below constitutes concurrent crimes under the former part of Article 37 of the Criminal Act and thus, one punishment should be imposed in accordance with Article 38 of the Criminal Act. Thus, the judgment of the court below cannot be maintained any longer
Therefore, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the grounds for unfair sentencing by the defendant and the prosecutor.
【Grounds for the Judgment of the court below, 【The facts constituting a crime and the summary of evidence recognized by the court below, and the summary of the facts constituting a crime recognized by the court below,” are identical to each corresponding column of the judgment of the court below, except for the fact that the facts constituting a crime and the summary of evidence are changed to “ November 2, 2018” as “Article 369 of the Criminal Procedure Act.”
Application of Statutes
1. Articles 347(1) and 32(1) of the Criminal Act for the crime concerned; Articles 49(4)2 and 6(3)3 of the Electronic Financial Transactions Act; Article 30 of the Criminal Act for each type of crime;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of each sentence of imprisonment;
1. Article 32(2) and Article 55(1)3 of the Criminal Act (as to the crime of aiding and abetting fraud), which is legally mitigated;
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 against the defendant's confession of each of the crimes in this case. However, the defendant has the record of being punished for the same kind of crime, each of the crimes in this case is not good enough to facilitate so-called singing fraud, and the number of crimes is not many, and the defendant is at the court below.