사기등
The remainder of the judgment of the court below, excluding the dismissal of an application for a compensation order and an order for compensation, and 2.
1. The first instance court partly accepted the application for compensation order filed by D or F and dismissed the remainder. The applicant cannot file an objection against the judgment dismissing the application for compensation or accepting the part in accordance with Article 32(4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings. Thus, the dismissed part is excluded from the scope of the trial of this court.
2. The summary of the grounds for appeal (in the first instance court: imprisonment with prison labor for 1 year and 8 months, and 2 months) that the original court rendered is too unreasonable.
3. Prior to the judgment on the grounds for appeal by the defendant ex officio, this Court tried to hold the appeal case by combining the appellate case by the judgment of the court of first instance and the appellate case by the judgment of the court of second instance. Each of the offenses against the defendant is in a concurrent relationship under the former part of Article 37 of the Criminal Act and should be punished as a single sentence within the scope of the term of punishment aggravated for concurrent crimes in accordance with Article 38(1) of the Criminal Act. Thus, the judgment of the court of second instance
4. As such, the remaining parts of the judgment of the court of first instance excluding the rejection of an order for compensation and an application for compensation order among the judgment below excluding the rejection of an order for compensation and an application for compensation order, and the judgment of the court of second instance excluding the dismissal of an application for compensation order and an order for compensation among the judgment of the court of first instance excluding the dismissal of an application for compensation order pursuant to Article 364(2)
[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court is the same as that of the judgment below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 347(1) of the Criminal Act and Article 49(4) of the Electronic Financial Transactions Act concerning criminal facts and the choice of punishment.