사기등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for not less than eight months.
36,696.
1. The summary of the grounds for appeal (unfair sentencing) that the court below sentenced is too unreasonable (the court below's judgment No. 1: imprisonment with prison labor for 6 months and 2 months).
2. Before determining on the grounds of ex officio appeal, the Defendant filed an appeal against the judgment below, and this court decided to hold concurrent hearings of each of the above appeals cases. Since each of the offenses of the judgment below is concurrent crimes under the former part of Article 37 of the Criminal Act, the judgment of the court below should be sentenced to one sentence under Article 38(1) of the Criminal Act, and thus, the judgment of the court below cannot be maintained as it is.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and it is again decided as follows.
【Inasmuch as a new judgment is the same as the relevant column of the judgment of the court below, the criminal facts recognized by the court as stated in the summary of the criminal facts and evidence and the summary of the evidence thereof are cited in accordance with Article 369 of the Criminal Procedure Act, except for the case where the 2nd sentence of the original judgment’s criminal facts as “nutrition” is deemed as “nutrition.”
Application of Statutes
1. Relevant provisions of the Criminal Act, Article 232-2 of the Criminal Act (the point of private electronic records creation), Articles 234 and 232-2 of the Criminal Act (the point of holding the electronic records of the above author), Article 347 (1) of the Criminal Act (the point of fraud), Article 347-2 of the Criminal Act, Article 347-2 of the Criminal Act, Article 70 (1) 6 (the point of fraud by using computers, etc.), each credit specialized financial business, and each choice of imprisonment;
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. All of the reasons for sentencing under Article 25(1)1, Article 31(1), and Article 25(3) of the Act on Special Cases Concerning the Promotion, etc. of Litigation, etc. of Orders for Compensation and Sentence of Provisional Execution are recognized, and it is favorable for the defendant.