사기등
The part of the judgment of the court below excluding the compensation order shall be reversed.
A defendant shall be punished by imprisonment for ten years.
1. The summary of the grounds for appeal appealed from the lower court’s punishment (the first instance court, 10 years of imprisonment, and 2 years of imprisonment) so long as the Defendant was so unreasonable, and the Prosecutor appealed from the second instance court’s punishment too unfluent and unfair.
2. We examine ex officio the grounds for appeal by the defendant and prosecutor prior to the judgment.
The defendant filed an appeal against the judgment of the court below (the prosecutor also filed an appeal against the judgment of the court of appeal No. 2) and the court of appeal reviewed the appeal jointly. Since each crime of the judgment of the court below is concurrent crimes under the former part of Article 37 of the Criminal Act, one punishment should be sentenced in accordance with Article 38 (1) 2 of the Criminal Act, the part of the judgment of the court below except the compensation order cannot be maintained.
3. The part of the judgment of the court below, excluding the compensation order, is reversed by the aforementioned ex officio reversal, and the judgment below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the unfair argument of sentencing by the defendant and the prosecutor, and the part of the judgment below excluding the compensation order among the judgment below is again decided after pleading as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are identical to the corresponding columns of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 231 of the Criminal Act (the point of Article 231 of the same Act), Articles 234 and 231 of the Criminal Act (the point of uttering of the above investigation document) of the same Act concerning the facts of crime, and Article 347 (1) of the Criminal Act (the point of fraud) of the same Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of each sentence of imprisonment;
1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;
1. Scope of punishment by law: Not more than 15 years of imprisonment;
2. Scope of the recommended punishment on the sentencing criteria: Imprisonment for two years and eight months to ten years (the scope of the recommended punishment) and six months (the scope of the punishment shall be not less than five hundred million won, and less than five billion won).