사기
The remainder of the judgment of the court of first instance and the judgment of the court of second instance, excluding the dismissed part of the application for compensation, shall be reversed.
1. The second instance court dismissed the applicant J’s application for compensation, and pursuant to Article 32(4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, an applicant for compensation was unable to file an objection, and the part rejecting the said application for compensation was immediately determined.
Therefore, among the judgment of the second court, the rejection of the application for compensation is excluded from the scope of the trial of this court.
2. The summary of the grounds for appeal is as follows: Each punishment of the lower court (No. 1: imprisonment with prison labor for 4 months for fraud against the victim E; imprisonment with prison labor for 6 months for fraud against the victim E; imprisonment with prison labor for 1 year and 2 months for 1 year and 2 months) is too unreasonable.
3. Prior to the judgment on the grounds for appeal by the defendant's ex officio, the judgment of the court below against the defendant was rendered separately, and each appeal was filed, and this court decided to concurrently deliberate on each of the above appeal cases. Of the judgment of the court of first instance, the resolution of fraud against victim E and the resolution of fraud of the second cost judgment in the judgment of the court of first instance are concurrent crimes under the former part of Article 37 of the Criminal Act, and one punishment should be imposed in accordance with Article 38 (1) of the Criminal Act. In this regard, the judgment of the court below against the
4. In conclusion, the judgment of the court below is reversed as the above reasons for reversal ex officio. Thus, without examining the defendant's unfair argument of sentencing, the remaining parts of the judgment of the court below No. 1 and the judgment of the court below No. 2 under Article 364 (2) of the Criminal Procedure Act excluding the dismissal of application for compensation among the judgment of the court below and the judgment below
【Judgment rendered again] The facts constituting a crime and summary of evidence recognized by this court and the summary of evidence are as stated in each corresponding column of the judgment of the court below, with the exception that the second half of the judgment of the court of Second Instance 11 (hereinafter “criminal facts”) stated “Seoul around August 16, 2020” as “Seoul around August 16, 2017.”