특정경제범죄가중처벌등에관한법률위반(사기)등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for six years.
The defendant is an applicant for compensation.
1. Summary of grounds for appeal;
A. The punishment of each of the lower courts (No. 1: 5 years of imprisonment with prison labor for the first instance court, No. 2: 2 years of imprisonment for the second instance court) is too unreasonable.
B. The first instance court’s sentence (as to the judgment of the first instance court) is too unfluent and unfair.
2. We examine ex officio the grounds for appeal by the defendant and prosecutor prior to the determination of ex officio.
The judgment of the court of first instance and the judgment of the court of second instance were pronounced in sequence to the Defendant, and the prosecutor filed each appeal against the judgment of the court of first instance against the judgment of the court of first instance, and the Defendant.
This Court decided to consolidate the above two appeals cases.
However, each of the crimes that the judgment of the court of first and second instance found guilty is concurrent crimes under the former part of Article 37 of the Criminal Act.
In this regard, one punishment should be sentenced in accordance with Article 38 (1) of the Criminal Act.
Accordingly, the first and second judgment of the court below cannot be maintained as it is.
3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining each of the allegation of unfair sentencing by the defendant and the prosecutor in conclusion, and the following is again decided after oral argument.
【Reasons for the judgment of multiple times】 The summary of facts constituting a crime and evidence recognized by this court is as follows; the summary of facts constituting a crime and evidence in the judgment of the court of first instance added “1. The court of this court’s first instance” to “1. The court of the defendant’s first instance,” respectively; and the part “1. The defendant’s partial statement of the defendant’s court” in “2016Gohap205, and 2016Gohap39” to “1. The court of the court of the court below’s first instance and this court’s statement” are the same as the corresponding column (including attached Form) of the court of the court below’s judgment, so it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 347(1) of the Criminal Act (the point of fraud as stated in the judgment of the court below No. 2 and (3) of the same Act concerning criminal facts) and each of the above Articles.