사기
The part of the judgment of the court of first instance against the defendant and the judgment of the court of second instance shall be reversed respectively.
A defendant shall be punished by imprisonment for one year.
1. The punishment sentenced to the defendant by the first and second depths of the grounds for appeal (the first depths of KRW 1: Imprisonment for 8 months and the second depths of KRW 2: Imprisonment for 10 months) is too unreasonable;
2. Ex officio determination, the defendant appealed against the judgment of the court below Nos. 1 and 2, and this court decided to consolidate the above two appeals cases. The crime of the judgment of the court of first instance and the crime of the judgment of the court of second instance in the judgment of the court of second instance against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act and must be sentenced to a single sentence in accordance with Article 38(1) of the Criminal Act. Thus, the part of the judgment of the court of first instance against the defendant and the judgment of the court of second instance cannot be maintained as they are.
3. As seen above, the judgment of the court below Nos. 1 and 2 is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's unfair argument about sentencing, and the part of the judgment of the court of first instance and the judgment of the court below No. 2 is reversed, and the judgment below is all reversed in entirety, and the following is again decided
【Grounds for another judgment】 The facts constituting a crime and the summary of evidence recognized by the court are identical to the part against the defendant of the first instance judgment and the corresponding corresponding column of the second instance judgment, thereby citing them as they are in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the selection of criminal facts;
1. The reason for sentencing as prescribed in the former part of Article 37 of the Criminal Act, Articles 38(1)2 and 50 of the Act on the Aggravated Punishment of Concurrent Crimes (an aggravated punishment for concurrent crimes as stated in the judgment of the court of first instance with heavier punishment) is that the Defendant, in collusion with other accomplices, filed an application for a loan of the deposit money with a financial institution by falsehood, thereby making the total sum of the acquired money amount to KRW 145 million (the sum of the acquired money by fraud of the court below of first instance is KRW 80 million and KRW 65 million) to a financial institution, and in light of the relevant criminal law and circumstances, it is disadvantageous to the Defendant that the crime is not good in light of the nature of the crime.
(b).