사기
The part of the first, second and fourth judgment and the third judgment against the Defendants (excluding the part of the compensation order) are all included.
1. The summary of the grounds for appeal (the defendants A) in light of the overall circumstances in the instant case, the punishment of each court below (the imprisonment of August 1, the imprisonment of the court of first instance, the imprisonment of one year and six months, the imprisonment of the court of second instance with prison labor of the court of second instance, the imprisonment of April 3, the defendant H: the imprisonment of one year and six months, and the imprisonment of the court of first instance of the court below with prison labor of eight
2. Prior to the judgment on the grounds for appeal of ex officio determination, each court of original judgment rendered a decision without applying Article 38 of the Criminal Act as a result of a separate deliberation with respect to the Defendants. The Defendants filed an appeal with respect to each of the judgment below and decided to concurrently deliberate on the above four cases. Each of the crimes in Articles 1, 2, and 3 of the judgment below and the judgment of the court below with respect to Defendant A and the crimes in Articles 3 and 4 of the Criminal Act are concurrent crimes under the former part of Article 37 of the Criminal Act, and the sentence of sentence within the scope of punishment determined by applying Article 38 of the Criminal Act. In this regard, the judgment of the court below against the Defendants is no longer maintained.
3. Accordingly, each judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and the part against the Defendants (excluding the part on compensation order) among the judgment of the court below Nos. 1, 2, 4 and 3 are all reversed, and it is again decided as follows.
[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court is the same as that of each corresponding column of the judgment below. Thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Defendant A of the pertinent legal provision on criminal facts: Article 347(1) of the Criminal Act (excluding the fraud committed in collusion with H) and Articles 347(1) and 30 of the Criminal Act (the fraud committed in collusion with H) Defendant H: Article 347(1) A and Q of each Criminal Act.