사기등
All parts of the judgment of the court below against the defendant shall be reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
The decision of the court below (No. 1: imprisonment with prison labor for 1 year and 2: imprisonment with prison labor for 1 year and 1 year and 2 months) against the defendant in summary of the grounds for appeal is too unreasonable.
The grounds for appeal by the defendant shall be examined ex officio prior to the judgment.
The judgment of the court of first instance and the judgment of the court of second instance against the defendant filed an appeal against each of the above two appeals cases, and this court decided to hold concurrent hearings. Each of the offenses against the defendant with the judgment of the court of first instance and the judgment of the court of second instance are concurrent offenses under the former part of Article 37 of the Criminal Act, and thus one of the offenses against the defendant should be sentenced in accordance with Article 38(1) of the Criminal Act.
In this respect, among the judgment of the court of first and second instance, each part of the judgment of the court below against the defendant cannot be maintained as it is.
In conclusion, since each part of the judgment of the court below against the defendant is reversed ex officio as above, without examining the defendant's unfair argument about sentencing, each part of the judgment of the court below against the defendant under Article 364 (2) of the Criminal Procedure Act is reversed and it is again decided as follows.
Criminal facts
The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the first and second judgments, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Articles 231, 30 (the fact of the above Article of private document), 234, 231, 30 (the fact of exercising the above investigation document) of each Criminal Act, Articles 347(1) and 30 (the fact of fraud) of each Criminal Act, Articles 49(4)1 and 6(3)1 of each Act on Electronic Financial Transactions, Article 30 (the fact of transfer by means of access) of the Criminal Act, Articles 347(1) and 32(1) of each Criminal Act, Articles 355(1), and 30 (the fact of aiding and abetting fraud), Article 81(1) and 30 (the Guarantee of Automobile Management Act, Article 82(2)2 of the same Act, and Article 6(1)4 of the same Act, each application for ownership transfer registration.