사기등
The part of the judgment of the court below against the defendant except for the compensation order shall be reversed.
The defendant shall be sentenced to six years of imprisonment.
1. The summary of the grounds for appeal is too unreasonable that each sentence (the first instance court: imprisonment with prison labor for 6 years and 6 years and confiscation, and the second instance court: imprisonment with prison labor for 1 year and 6 months) declared by the court below is too unreasonable.
2. The judgment of the court below against the defendant in the judgment of the court below Nos. 1 and 2 was rendered and the defendant filed an appeal against the judgment of the court below, and this court decided to hold two appeals jointly. Since each crime of the judgment Nos. 1 and 2 with the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, one sentence should be imposed pursuant to Article 38 (1) of the Criminal Act, and the part against the defendant except the compensation order among the judgment of the court below cannot be maintained (the part against the joint defendant No. 1 among the judgment of the court below No. 1 became final and conclusive as of July 17, 2017, which was after the closing of pleadings against B). 3. Accordingly, the judgment of the court below reversed the above ex officio grounds, without examining the defendant's unfair argument of sentencing, the part against the defendant except the compensation order among the judgment of the court below pursuant to Article 364 (2) of the Criminal Procedure Act is reversed, and it is again decided as follows.
[Re-written judgment] The summary of the facts constituting an offense and evidence recognized by the court and the summary of the evidence are identical to the facts stated in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of the Criminal Act, Article 347(1) of the Criminal Act (the fraud point), Articles 49(4)1 and 6(3)1 of the Electronic Financial Transactions Act (the receipt of an access medium), Articles 347(1) and 30 of the Criminal Act (the receipt of a access medium), Articles 347(1) and 30 of the Criminal Act, and each choice of imprisonment with labor;
1. Article 35 of the Criminal Act for aggravated repeated crimes;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 48 (1) 1 of the Criminal Act to be confiscated;
1. Reasons for sentencing under Article 333 (1) of the Criminal Procedure Act for Return of Victims;
1. 30 years of imprisonment with prison labor within the scope of punishment by law;