사기등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for a term of one year and four months.
The seized Aphone 5 (No. 1).
1. The summary of the grounds for appeal is that each sentence (No. 1 and 6 months of imprisonment with prison labor for the first instance court, and No. 2 of imprisonment with prison labor for the second instance court) declared by the court below is too unreasonable.
2. Ex officio determination of this Court decided to concurrently examine each appeal case against the judgment of the court of first instance and the judgment of the court of second instance. On the other hand, each of the offenses against the defendant is a concurrent offense relationship under the former part of Article 37 of the Criminal Act, and shall be sentenced to a single sentence within the scope of one of the concurrent offenses under Article 38(1) of the Criminal Act.
In this respect, all the judgment of the court below cannot be reversed.
3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment of the court below is reversed, and it is again decided as follows through pleading.
Criminal facts
The summary of the facts charged and the evidence admitted by this court is as follows: the summary of the first instance court’s judgment, except that the phrase “Seizure protocol” in the summary of the evidence is deemed as “each protocol of seizure and list of seizure”, and thus, it is identical to each corresponding column of each judgment of the court below. Therefore, it is cited as it is in accordance
Application of Statutes
1. Article 347(1) and Article 30 of the Criminal Act for the relevant criminal facts, Article 37 subparag. 10 of the Resident Registration Act (the point of illegally using resident registration numbers) of the same Act, and Article 49(4)1 and Article 6(3)1 of the Electronic Financial Transactions Act (the point of acquiring access media) of the same Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment prescribed for a crime of violating the Electronic Financial Transactions Act between violations of each electronic financial transaction and the punishment for a crime of violating the Electronic Financial Transactions Act due to a takeover of passbook from an enterprise bank, the
1. Selection of each sentence of imprisonment;
1. From among concurrent crimes, a crime of fraud against a victim'sO with the largest punishment provided for in the former part of Article 37, Article 38(1)2, Article 50 of the Criminal Act and Article 50 of the Criminal Act.