사기등
1. The part of the judgment of the court below, excluding the compensation order, shall be reversed.
2. Defendant A’s imprisonment with prison labor for two years and a fine for negligence for 300.
1. Summary of grounds for appeal;
A. Defendant A1) misunderstanding of facts (the fraud in Paragraph 5 of the judgment of the court below), although the Defendant did not deceiving the victims as stated in this part of the facts charged, the court below accepted this part of the facts charged and found the Defendant guilty. The court below erred by misapprehending the facts and affecting the conclusion of the judgment. 2) The sentence (the judgment of the court below: 1 year and June, 300, 200 won, 1 year and 1 year and 6 months, 300,000 won, and 2 year of imprisonment) sentenced by the judgment of the court below on unreasonable sentencing is too unreasonable.
B. Defendant B’s penalty (fine 1,500,000) sentenced by the lower court is too unreasonable.
2. Determination
A. Determination 1 on Defendant A’s argument that the judgment of the court below was made ex officio prior to the judgment on the grounds for appeal by the Defendant, and the judgment of the court below against the Defendant was rendered separately, and the Defendant filed an appeal against the above Defendants 1 and 2, and this court decided to concurrently deliberate on the above two appeals cases. Each of the crimes in the judgment of the court below against the Defendant in the first and second concurrent relationship with the Defendant under the former part of Article 37 of the Criminal Act shall be sentenced to a single sentence within the scope of punishment aggravated by concurrent crimes pursuant to Article 38(1) of the Criminal Act. Thus, the judgment of the court below against the Defendant cannot be maintained as it is: Provided, That even if the above reasons for ex officio reversal exist, the argument about mistake of facts among the grounds for appeal by the Defendant is still subject to the judgment of the court of this case, and thus, the judgment of the court below in the judgment of the court below is rejected by comparing the following detailed arguments with the judgment of the court below.