사기방조등
All of the judgment below of the court below which excludes the compensation order under Article 2 shall be reversed.
Two years of imprisonment.
1. The summary of the grounds for appeal (the first instance judgment: imprisonment with prison labor for 1 year and 6 months, and the second instance judgment: imprisonment with prison labor for 1 year and 1 year and compensation order) of the original judgment is too unreasonable.
2. The judgment of the court of first instance and the judgment of the court of second instance on the defendant's ex officio determination were rendered, and the defendant filed each appeal against them, and the court decided to hold the above appeal together with other appeals cases.
However, the judgment of the court below against the defendant should be sentenced to a single punishment pursuant to Article 38(1) of the Criminal Act in relation to each of the concurrent crimes under the former part of Article 37 of the Criminal Act. Thus, the judgment of the court below is no longer maintained
3. The judgment of the court below on the above grounds of ex officio reversal. Thus, without examining the defendant's assertion of unfair sentencing, all of the judgment below except for the order for compensation by the second instance judgment among the judgment below under Article 364 (2) of the Criminal Procedure Act are reversed, and the following decision is rendered through pleading.
[Discied Judgment] The facts constituting an offense and the summary of evidence recognized by the court are identical to the facts constituting an offense and the summary of evidence. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 347(1) and Article 32(1) of the Criminal Act, Article 257(1) of the Criminal Act, Article 347(1) of the Criminal Act (the point of injury by fraud), Article 347(1) of the Criminal Act (the fact of fraud, Article 30 of the Criminal Act for fraud of 2019Da5635, Article 2019Kadan6415 decided by the first decision of the court below), Article 347-2 of the Criminal Act, Articles 49(4)2 and 6(3)2 of the Electronic Financial Transactions Act, Article 355(1) of the Criminal Act (the point of embezzlement) for criminal facts, Article 347-2 of the Criminal Act, Article 49(4) and Article 6(3)2 of the Electronic Financial Transactions Act (the point of access lending media), each selection
1. Article 35 of the Criminal Act among repeated crimes;
1. Articles 32(2) and 55(1)3 of the Criminal Act for aiding and abetting and mitigation (with respect to the crime of aiding and abetting by fraud)
1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.