사기
Each judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for not less than eight months.
1. The decision of the court below on the summary of the grounds for appeal (No. 1: imprisonment with prison labor for 10 months, and a fine of 3 million won) is too unreasonable.
2. Ex officio determination of ex officio, each of the court below sentenced a separate sentence after completing separate hearings, and each of the court below rendered a decision to hold concurrent hearings by filing an appeal against each of the court below's judgment. Each of the offenses against the defendant is a concurrent offense relationship under the former part of Article 37 of the Criminal Act, and thus, a single sentence shall be imposed within the scope of the term of punishment subject to aggravated concurrent crimes pursuant to Article 38 (1) of the Criminal Act. In this regard, each of the court below's judgment is not exempt from reversal.
3. Thus, 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 defendant is again decided as follows after oral argument.
Criminal facts
The criminal facts recognized by this court are as stated in each corresponding column of the original judgment, and therefore they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Summary of Evidence
The summary of the evidence of the above crime is as stated in each corresponding column of each judgment of the court below, except for the addition of "G" to "E" among the summary of the evidence of the judgment of the court of first instance, and the addition of "the defendant's statement in this court" to "E", and therefore, it is cited as it is 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;
1. From among concurrent offenders, the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act are the same as the instant crimes, notwithstanding the fact that the Defendant had been sentenced several times to suspended execution and fine, which are similar to the instant crimes.