사기
The part of the judgment of the court of first instance against the defendant and the judgment of the court of second instance are reversed.
The defendant shall be sentenced to one year of imprisonment.
1. Summary of grounds for appeal;
A. Each punishment sentenced by the lower court (the first instance judgment: imprisonment with prison labor for a year and two months, and imprisonment with prison labor for a year and one year) is too unreasonable.
(b)a sentence sentenced by the second instance of the Prosecutor (one year of imprisonment) is too unhued and unreasonable;
2. Before determining the grounds for appeal by the defendant and the prosecutor, the defendant ex officio examined the judgment of the court below, and the prosecutor filed each appeal against the judgment of the court below of the court below against the judgment of the court below of the court below, and the pleadings were combined in the trial. Each crime listed in the judgment of the court below is in a concurrent crime relationship under the former part of Article 37 of the Criminal Act, and thus, one punishment should be imposed pursuant to Article 38(1) of the Criminal Act. Thus, the judgment of the court below which sentenced a separate punishment for each of the above crimes
3. According to the conclusion, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and the judgment of the court below against the defendant among the judgment of the court of first instance is reversed, and the judgment of the court of second instance is all reversed, and the judgment below is again decided as follows, after the pleading, as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence admitted by the court are as stated in the corresponding column of the judgment of the court below, and thus, the summary of the evidence is cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant legal provisions of the Criminal Act, Articles 347(1) and 30 (joint fraud point) of the Criminal Act, Article 347(1) of the Criminal Act (the point of sole fraud) and the choice of imprisonment for the crime;
1. The reason for sentencing of concurrent crimes under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (an aggravated punishment of concurrent crimes against a victim AE, the largest criminal fact of which is set forth in the crime of fraud) is as follows: (a) in light of the form, method, frequency, etc. of each of the crimes of this case, the liability for the crime is grave; (b) the amount of damage exceeds 666 million won in total; and (c) the damage was not recovered properly; and (d) the victim T and E did not agree with the victim.