사기등
Of the judgment of the court below of first instance, the part of conviction against Defendant A and the judgment of the court of second instance shall be reversed.
Defendant
A shall be punished by imprisonment for two years.
1. Of the judgment of the court of first instance, the court of first instance against Defendant A dismissed the prosecution of assault and assault among the facts charged in the instant case against Defendant A, and sentenced Defendant A guilty as to each fraud.
However, since Defendant A appealed only the guilty portion of the judgment of the court of first instance on the grounds of unfair sentencing and the prosecutor did not appeal the dismissal portion of the public prosecution, the dismissal portion of the judgment of the court of first instance becomes final and conclusive separately, and only the remaining guilty portion is subject to the judgment of this court.
2. Summary of reasons for appeal;
A. The judgment of the court below against the defendant A (unfair sentencing): The punishment of the court below (the judgment of the court of first instance: imprisonment with prison labor for a year and April, and the judgment of the court of second instance: imprisonment with prison labor for a year and April) is too unreasonable.
B. Defendant B (1) In fact, the Defendant received documents necessary for loans, such as an abstract of resident registration, along with the loan owner, as the joint Defendant A did, or sent the documents by facsimile to the bank, and installed the certificate of official seal issued by the loan owner on the computer. However, as the end of the above A, the Defendant was aware that the loan owner was registered in the future or that it was necessary to run a place of business, such as a carpet, shopping mall, etc., and that the Defendant was aware of the fact that he conspired to commit the crime of this case with the above A, the lower court found the Defendant guilty of the facts charged.
2) The sentence of the lower court (one year of imprisonment) against an unfair defendant in sentencing is too unreasonable.
3. Prior to the judgment on the grounds for appeal by Defendant A ex officio, the first instance court decided to concurrently examine each appeal case by the lower court against Defendant A, and each of the offenses in the judgment of the lower court against Defendant A in relation to concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, a single sentence should be sentenced in accordance with Article 38(1) of the Criminal Act, in accordance with Article 38 of the Criminal Act.
Therefore, among the judgment of the court of first instance, Defendant A.