사기등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
1. The gist of the grounds for appeal is too unreasonable that the original court’s imprisonment (ten months of imprisonment) is too unreasonable;
2. Before the judgment on the grounds of appeal by the Defendant’s ex officio, the lower court’s judgment was ex officio examined, and the lower court’s judgment was unable to maintain the order in this respect, on the ground that the Defendant committed an unlawful act that did not specify the facts of the offense by omitting the “attached List of Crimes”, while stating that “a total of KRW 1,740,400 was remitted over 16 times as shown in the annexed List of Crimes” with respect to the facts of the offense in the fraud case No. 2013 Highest28
3. According to the conclusion, the judgment of the court below is reversed ex officio under Article 364(2) of the Criminal Procedure Act without examining the defendant's grounds for appeal on the grounds of unfair sentencing, and the following is again decided through pleading.
Criminal facts
The summary of the facts charged and the evidence admitted by this court is as follows. In addition to the addition of the list of crimes in the 2103 Highest 2855 case among the judgment of the court below as shown in the annexed Form, the corresponding column of the judgment of the court below is the same, and thus, it is citing it as it is in accordance with
Application of Statutes
1. Relevant provisions of the Criminal Act and Article 347(1) of the Criminal Act (the point of fraud, the choice of imprisonment), Articles 347(1), 30 (the point of joint fraud, the choice of imprisonment), 239(1) (the point of each private signature) and 239(2) and (1) (the point of exercising each private signature) of the Criminal Act concerning criminal facts;
1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (the occupation of a police officer and the occupation of a police officer for the investigation and signature as well as as for the submission of seizure articles);
1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;
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 acknowledgement of the facts of the crime of this case. The crimes of this case are in the relationship of ex-ante crimes and latter concurrent crimes under Article 37 of the Criminal Act. Meanwhile, the crimes of this case against multiple victims.