사기등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
The defendant is an applicant for compensation to AE.
1. Each punishment sentenced by the first and second instances of the grounds for appeal (the first instance judgment: imprisonment with prison labor for a year and four months and the second instance judgment: imprisonment with prison labor for a period of four months) is too unreasonable;
2. We examine ex officio prior to the judgment on the grounds for appeal.
The first and second original judgments were sentenced to each of the defendants, and the defendant filed an appeal against them, and this court decided to hold a joint hearing of the above two appeals cases. Since each of the crimes against the defendant in the first and second original judgments is concurrent crimes under the former part of Article 37 of the Criminal Act, one of the crimes under Article 38(1) of the Criminal Act should be sentenced in accordance with Article 38(1) of the Criminal Act, the first and second original judgments cannot be maintained.
3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's unreasonable sentencing, on the grounds of ex officio reversal, and the judgment below is again decided as follows.
【Discied Judgment】 The facts constituting a crime and the summary of evidence recognized by the court are identical to the entries in each corresponding column of the judgment below, thereby citing them as they are in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant statutory provisions for criminal facts, Article 347(1) of the Criminal Act that provides for the choice of a sentence (including fraud and each victim), Articles 49(4)2 and 6(3)2 of the Electronic Financial Transactions Act and the choice of imprisonment with prison labor;
1. Article 35 of the Criminal Act among repeated crimes;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 25 (1), 31 (1), (2) and (3) of the Act on Special Cases concerning the Promotion, etc. of Orders for Compensation and Sentence of Provisional Execution;
1. B, which is an application for compensation under Article 32(1)3 and Article 25(3)3 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, has been subrogated by the defendant from other victims.