사기등
The judgment of the first instance (excluding the part of the compensation order) and the second judgment shall be reversed in all.
Defendant 1. The judgment of the court of first instance
1. The summary of the grounds for appeal (e.g., the form of punishment) of the lower court against the Defendant (e.g., the lower court’s judgment: the crime as stated in paragraph (2) of the 2018 Godan371 case as indicated in its holding; each crime as listed in its holding; the crime as listed in the 2018 Godandan4671 case; and the crime as listed in its holding; three months of imprisonment; two years and nine months of imprisonment for each other; and two months of imprisonment for each other) is too unreasonable.
2. We examine ex officio prior to the judgment on the grounds for appeal ex officio.
A. The Defendant filed each appeal against the judgment of the court below in the first and second instances, and this court decided to jointly examine the above two appeals cases.
Of the judgment of the court of first instance against the Defendant, the relevant part of the judgment of the court of first instance and the judgment of the court of second instance cannot be maintained as they are, inasmuch as they are concurrent crimes listed in the former part of Article 37 and Article 38(1) of the Criminal Act with regard to the crimes listed in paragraph (2) of the 2018 Highest31 Case, each of the crimes listed in the 2018 Highest 4671 Case, and the crime listed in the 2019 Highest 442 case and the crime listed in
B. According to the records, the Defendant is recognized to have been sentenced to imprisonment with prison labor for a crime of fraud on October 25, 2017 at the Seoul Northern District Court on January 9, 2019, on or around April 21, 2018, and on or around May 2018 (Seoul Northern District Court 2018 High Court 2495 case) for six months (the Seoul Northern District Court 2018 High Court 201Da2495 case) and the judgment became final and conclusive on January 17, 2019.
Of the judgment of the court of first instance against the defendant, the punishment shall be imposed in consideration of the equity between the cases where the judgment of the court below becomes final and conclusive on October 25, 2017, as stated in paragraph (2) of the 2018 Highest371 Case, and the crimes listed in paragraph (2) of the 2018 Highest 4671 Case, as stated in the judgment of the court of first instance, and the crimes listed in the judgment of the court of second instance, and the crimes listed in the judgment of the court of second instance, as stated in the judgment of the court of first instance, and each of the crimes listed in the judgment of the court below are in the relation of fraud and the crimes listed in the latter part of Article 37 of the Criminal Act around April 21, 2018 and the crimes listed in the latter part of paragraph (1) of the same Article. In this regard, the