사기
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for one year.
1. The summary of the grounds for appeal (No. 1: Imprisonment with prison labor for 6 months, imprisonment for 6 months, and imprisonment for 3 months: imprisonment with prison labor for 10 months: 10 months) of the original judgment is too unreasonable.
2. Before determining the grounds for appeal by the defendant ex officio, this Court decided to jointly examine each appeal case against the judgment of the court below. On the other hand, all the offenses committed by the court below against the defendant are concurrent offenses under the former part of Article 37 of the Criminal Act, and a sentence shall be imposed within the scope of the term of punishment increased by concurrent offenses in accordance with Article 38(1) of the Criminal Act.
Therefore, the judgment of the court below can no longer be maintained.
3. The judgment of the court below is reversed ex officio under Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment of the court below is reversed, and it is again decided as follows through pleading.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are all the same as the entries in the corresponding column of the judgment of the court of first to third, thereby admitting them as they are in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Aggravation of concurrent crimes under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act provides that the defendant has four identical criminal records for the reason of sentencing, the agreement with the victims or the recovery of damage has not been made up to the trial of the trial of the case, the total amount of damage was 27,350,00 won, and the fact that the victim is a large number of victims, etc. are disadvantageous circumstances, and the defendant's depth and reflects his mistake, shall be considered as favorable circumstances, and the age, character and conduct, environment, motive and background of the crime, and the previous crime shall be considered.