사기등
The judgment of the court below and the judgment of the court below are all reversed.
The punishment of the accused shall be determined by two years.
1. The summary of the grounds for appeal is too unreasonable that each punishment (one year and six months of imprisonment, and one year of imprisonment) declared by the original court against the defendant is too unreasonable.
2. Prior to the judgment on the grounds for appeal by the defendant's ex officio, the first court rendered a judgment on the defendant as Seoul Eastern District Court 2012Dadan2743, and the second court rendered a judgment on the defendant as Seoul Eastern District Court 2012 Godan2743, and the second court rendered a judgment on the defendant, and the defendant filed an appeal against each of the above judgment below, and the court rendered a decision on the defendant's concurrent trial. The first and the second court rendered a decision on each of the above two appeals cases. Since each of the offenses found guilty is concurrent crimes under the former part of Article 37 of the Criminal Act, a single sentence shall be imposed within the scope of punishment aggravated for concurrent crimes pursuant to Article 38 (1) of the Criminal Act, in this respect, the first and the second judgment cannot be maintained as they are.
3. Accordingly, the judgment of the court below and the judgment of the court of first instance on the grounds of the above ex officio reversal. Thus, without examining the defendant's assertion of unfair sentencing, all of them are reversed pursuant to Article 364 (2) of the Criminal Procedure Act and they are again decided as follows
Criminal facts
The summary of the facts charged and the summary of the evidence admitted by the court are as shown in each corresponding column of the judgment of the court of first instance and the judgment of the court of second instance. Therefore, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 347(1) of the Criminal Act, Article 347(1) of the Criminal Act (the point of fraud), Article 355(1) of the Criminal Act (the point of each embezzlement), and the choice of imprisonment with prison labor;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 25 (1), 31 (1) and (2) of the Act on Special Cases concerning Expedition, etc. of Lawsuit for Compensation Orders;
1. Special Cases concerning the promotion, etc. of a judgment of provisional execution;