사기등
The part of the judgment of the court below in the second, third, and fourth shall be reversed, and all of the part of the judgment of the court below in the fourth.
1. Summary of grounds for appeal;
A. In light of all the circumstances, including the fact that Defendant A (unfair form of punishment) is against Defendant A and the present health condition is not good, the punishment sentenced by each court below (the court below's judgment of 1: fine of 2 million won, fine of 2 million won, confiscation, and confiscation: imprisonment of 8 months, confiscation, and 3: imprisonment of 10 months, confiscation, and 4: imprisonment of 10 months, confiscation, and confiscation) is too unreasonable.
B. In light of all the circumstances, including the fact that the defendant AZ (unfair form of punishment) is against the defendant AZ, the punishment sentenced by the court below (one year and six months of imprisonment, and confiscation) is too unreasonable.
2. The court of original judgment (defendant A) rendered ex officio prior to the judgment on the grounds for appeal, the judgment of ex officio, 1, 2, 3, and 4, each of the judgment of convictions against the defendant A after completing a separate hearing against the defendant A, and the defendant A appealed all of the judgment of the court below against the defendant A through 4, and this court made a decision to hold concurrent hearings with each of the above judgment of the court below. Each of the judgment of the court below 2 through 4, with respect to concurrent crimes under the former part of Article 37 of the Criminal Act, shall be sentenced to a single sentence within the term of punishment subject to aggravated concurrent crimes pursuant to Article 38(1) of the Criminal Act. In this regard, since the judgment of the court of original judgment of the court below 2, 3, and 4
Therefore, the defendant A's assertion of unfair sentencing is limited to the part of the judgment of the court of first instance). 3. Judgment on the grounds of appeal.
A. It is recognized that Defendant A (the judgment of the court of first instance) committed the instant crime, Defendant A’s awareness of and reflects on the instant crime, Defendant A suffers from chronic kidney diseases, and the health conditions are not good.
However, even if Defendant A borrowed money from Victim CG, the instant crime borrowed KRW 873,00 in total on five occasions as business funds under the status of having no intent or ability to repay the money, and the victim CG received medical treatment for blood speculation by Defendant A.