사기
All judgment of the court below shall be reversed.
Defendant shall be punished by imprisonment for a term of one year and six months.
1. Each of the punishments (one year and six months, and four months, respectively) set forth in the original judgment’s summary of the grounds for appeal (the first instance judgment: imprisonment with prison labor, and the second instance judgment: imprisonment with prison labor) is too unreasonable.
2. Prior to the judgment on the grounds of ex officio appeal, the Defendant filed an appeal against all of the judgment below, and the court decided to hold the above two appeals together with other court decisions.
The first and second judgment of the court below cannot be maintained as they are, since each crime of the first and second judgment against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, and one sentence should be imposed pursuant to Article 38(1) of the Criminal Act.
3. The lower court’s conclusion is reversed in accordance with Article 364(2) of the Criminal Procedure Act, without examining the Defendant’s unfair argument of sentencing, and the lower court’s judgment is reversed in its entirety, and it is so decided as follows.
Criminal facts
The summary of the facts constituting an offense and the summary of the evidence acknowledged by this court is as stated in each corresponding part of the judgment of the court below, except for the alteration of the "date prior to the date on which the payment for approval is to be made," the "before the date on which the payment for approval is to be made," the "date prior to the date on which the payment for approval is to be made," and the "date of approval" of the second page 2, as stated in each corresponding part of the judgment of the court below, in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Articles of the Criminal Act and Article 347 (1) of the Criminal Act concerning the facts constituting an offense (to be collectively punished, each of them shall be selected as imprisonment);
1. The reasons for sentencing of Article 37 former part of the Criminal Act and Article 38(1)2 of the Act on the Aggravated Punishment of Concurrent Crimes (an aggravated punishment for concurrent crimes against victims E with more severe punishment) recognize all of the instant crimes, and reflect in depth the instant crimes, and deposit KRW 2 million for victims E in the first instance.
In addition, the mother of one defendant appeals to the defendant's wife, and the defendant is the defendant.