사기등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for a term of two years and two months.
The defendant shall pay compensation to the applicant.
1. The summary of the grounds for appeal that the court below sentenced to the defendant (the first instance judgment: imprisonment with prison labor for 2 years, and the second instance judgment: imprisonment with prison labor for 4 months) is too unreasonable.
2. Prior to the determination of the Defendant’s unfair argument of sentencing, this Court conducted a joint hearing of each appeal case against the judgment below, and each of the offenses in the judgment below in the case in question should be punished as a single sentence within the scope of the term of punishment, which has increased concurrent crimes pursuant to Article 38(1) of the Criminal Act, in accordance with the former part of Article 37 of the Criminal Act, since the judgment of the court below is no longer maintained in this point.
3. Accordingly, the judgment of the court below is reversed in its entirety pursuant to Article 364 (2) of the Criminal Procedure Act without having to judge whether the defendant's unfair assertion of sentencing is unfair, and the judgment below is judged again through pleading as follows. Since an application for compensation for the money by deceiving the applicant for compensation raised in the trial is well-grounded, it is so decided as per Disposition in accordance with Articles 25 (1) 1, 31 (1), and 31 (2) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings.
[Grounds for a new judgment] The criminal facts of the defendant and the summary of the evidence recognized by the court are identical to the facts constituting the crime of the defendant and the summary of the evidence. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of the Criminal Act, Article 347(1) of the Criminal Act (the point of fraud), Article 355(1) of the Criminal Act (the point of embezzlement) and the choice of imprisonment for the crime;
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. Article 25 (1) 1, Article 31 (1) and (2) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits for Compensation Orders;
1. Each of the crimes of this case on the grounds of sentencing under Article 31(3) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings with Declaration of Provisional Execution.