사기
The part of the judgment of the court of first instance excluding a compensation order and the judgment of the court of second instance excluding a compensation order shall be reversed.
Two years of imprisonment.
1. The decision of the court below (the decision of the court below No. 1: imprisonment with prison labor for 2 years and 2 months) against the defendant is too unreasonable.
2. Prior to the judgment on the grounds for appeal by the defendant, the judgment of the first instance court and the judgment of the second instance against the defendant was rendered, and the defendant filed an appeal against them, and this court decided to hold concurrent hearings of the above two appeals cases. The first and second appeals decisions against the defendant are related to concurrent offenses under the former part of Article 37 of the Criminal Act, and one punishment shall be imposed within the scope of the term of punishment aggravated for concurrent offenses under Article 38(1) of the Criminal Act. Thus, the part of the judgment of the first instance and the judgment of the second instance except the compensation order cannot be maintained as they are.
3. In conclusion, the part except the compensation order for the first instance judgment and the second instance judgment are reversed ex officio as above. Thus, without examining the defendant's unfair argument of sentencing, the part excluding the compensation order for the first instance judgment under Article 364 (2) of the Criminal Procedure Act and the second instance judgment are reversed, and the court below's decision is reversed, and it is so decided as follows through pleading.
[Re-written judgment] The summary of the facts constituting a crime and evidence recognized by this Court is identical to the corresponding column of each judgment of the court below, except for the alteration of “I” as “X” No. 2 of the judgment of the court of first instance No. 2 of the judgment below to “X.” As such, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 347 of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act, and the choice of punishment for a crime;
1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;
1. The scope of applicable sentences under law: Imprisonment for one month to thirty years; and
2. The scope of the recommended punishment in accordance with the sentencing guidelines (the sum of the recommended punishment amounts) [the scope of the punishment for concurrent crimes] frauds. < Amended by Presidential Decree No. 17568, Feb. 2, 199; Presidential Decree No. 17504, Aug. 2, 2000>