사기등
All judgment of the court below shall be reversed.
Defendant shall be punished by a fine of KRW 7,000,000.
The above fine shall be imposed on the defendant.
1. The summary of the grounds for appeal (the first instance judgment: the amount of KRW 2,00,000, the second instance judgment: the amount of KRW 5,000) is too unreasonable.
2. Judgment on the grounds for appeal by the defendant ex officio shall be examined ex officio.
The defendant filed an appeal against the judgment of the court below, and this court tried two appeals jointly, and the judgment of the court below against the defendant should be sentenced to one punishment in accordance with Article 38 (1) 2 of the Criminal Act in relation to each crime of concurrent crimes under the former part of Article 37 of the Criminal Act. In this regard, the judgment of the court below cannot be maintained.
3. Accordingly, the judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground that the above reasons for reversal of authority exist, and the judgment below is again decided as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are as shown in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 347 (1) of the Criminal Act (a point of fraud), Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act concerning the facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act (mutual between the crimes of uttering of respective investigative documents on March 18, 2013, and between the crimes of uttering of respective investigative documents on March 26, 2013, and between the crimes of uttering of respective investigative documents on March 27, 2013) of the same Act;
1. Selection of each alternative fine for punishment;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act with regard to the order of provisional payment is that the defendant reflects the crime of this case, and some of the persons who committed the crime of forging private documents and uttering private documents shall be punished by the victim.