사기
All parts of the judgment of the court below, excluding the compensation order, shall be reversed.
The defendant shall be punished by imprisonment for two years.
1. The summary of the grounds for appeal is too unreasonable that each of the judgments of the court below (Article 1: 2 years and 6 months of imprisonment, confiscation, and 2 months of imprisonment) is too unreasonable.
2. Prior to the judgment on the grounds of appeal by the defendant, the crimes in the first and second judgments are concurrent crimes under the former part of Article 37 of the Criminal Act. Since the court below's first and second judgments combined each of the above crimes and selected the same type of punishment for each of the above crimes, it is necessary to render a single sentence in accordance with Article 38 (1) of the Criminal Act regarding each of the above crimes. In this regard, the remaining parts of the judgment below excluding the compensation order portion among the judgment below cannot be reversed.
3. According to the conclusion, the remaining parts of the judgment of the court below, excluding the compensation order, are subject to the above ex officio reversal, without examining the Defendant’s assertion of unfair sentencing, and all of them are reversed under Article 364(2) of the Criminal Procedure Act, and the following decision is
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Article 35 of the Criminal Act among repeated crimes (as to each of the frauds listed in the sequence 1 to 53 of the crime list in the market and frauds as of January 18, 2012)
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 48 (1) of the Criminal Act of confiscation;
1. Article 25 (1), Article 31 of the Act on Special Cases concerning the Promotion, etc. of Orders for Compensation and Declaration of Provisional Execution (ex officio order for compensation for victims AT and AO in each fraud set forth in Articles 196 and 216);
1. AT and AO, an application for compensation under Article 32(1)1 of the Act on Special Cases concerning the rejection of the application for compensation (AT andO), the promotion of litigation, etc., shall hold oral proceedings in the trial.