사기등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
1. The summary of the grounds for appeal is too unreasonable that the respective punishment of the original judgment (Article 1: 1 year and 6 months, and 6 months, and 3 months: Imprisonment: 6 months, and 6 months) is too unreasonable.
2. After completing a separate hearing on the Defendant, the lower court rendered a judgment, and the Defendant filed an appeal against all the lower judgment.
This Court decided to consolidate the above appeal cases, and the judgment of the court below should be sentenced to punishment within the scope of punishment aggravated for concurrent crimes in accordance with Article 38(1) of the Criminal Act in relation to each of the concurrent crimes under the former part of Article 37 of the Criminal Act. In this regard, the judgment of the court below cannot be maintained as it is.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the grounds for appeal, and it is again decided as follows.
[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is the same as that of each corresponding column of the judgment below. Thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Articles 347 (1) and 30 of the Criminal Act, Articles 225 and 30 of the Criminal Act, Articles 229, 225 and 30 of the Criminal Act, Articles 225 and 30 of the Criminal Act, Article 97 subparagraph 7 of the Telecommunications Business Act, and the main sentence of Article 30 of the Telecommunications Business Act, respectively, concerning criminal facts;
1. Articles 40 and 50 of the Criminal Code of Trade Competition (the violation of each of the Telecommunications Business Act as of August 27, 2019 at the time of sale)
1. Selection of each sentence for imprisonment with prison labor (with respect to each crime of fraud at the time of sale, and each crime of violating Telecommunications Business Act);
1. Among concurrent crimes, each of the crimes in this case on the grounds of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act is the collection of the defendant's telephone financial fraud crime.