사기
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for not less than two years and six months.
The articles of incorporation 1 through 5, respectively.
1. The summary of the grounds for appeal (the first instance court: imprisonment with prison labor for three years and the second instance court: imprisonment with prison labor for six months) that the lower court pronounced is too unreasonable.
2. Ex officio determination
A. Among the first judgment, each appeal case against the judgment of the court below against the defendant's case and the second judgment was joined in the trial. Each of the offenses against the defendant's judgment against the court below shall be subject to one punishment pursuant to Article 38 (1) 2 of the Criminal Act in relation to concurrent offenses under the former part of Article 37 of the Criminal Act.
Therefore, the defendant case portion and the second judgment of the court of first instance cannot be maintained any more.
B. According to the record as to the order for compensation by the applicant for compensation at the court of first instance, the defendant is recognized to have reached an agreement with the applicant for compensation at the court of first instance, the victim of the crime of fraud at the court of first instance, to reimburse part of the amount of damage, and to the above applicant for compensation.
Therefore, the application for compensation order of B and C, which is the application for compensation of the first instance court, shall be dismissed as it is not clear whether or not the compensation liability exists or not. Therefore, the part of the compensation order in the first instance court cannot be maintained any more.
3. If so, the judgment of the court below is based on the above reasons for the reversal of authority. Accordingly, the part of the judgment of the court of first instance among the judgment of the court of first instance is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act, and the part of the order for compensation among the judgment of the court of first instance is reversed, and the above part of the order for compensation among the judgment of the court of first instance is reversed, and the above part of the order for compensation is revoked pursuant to Article 33 (4) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings
[The reasons for the judgment of multiple times] criminal facts and the summary of evidence are the criminal facts of the defendant recognized by the court.