사기등
The judgment of the court of first instance except for compensation order and the judgment of the court of second instance shall be reversed.
Defendant shall be punished by imprisonment.
1. The sentence of the lower court (the first instance judgment: 2 years of imprisonment, and the second instance judgment: 4 months of imprisonment) is too unreasonable, based on the summary of the grounds for appeal.
2. Prior to the judgment on the grounds for appeal ex officio, the judgment of the first and second judgment against the defendant was rendered and the judgment of the court below against the defendant was rendered, and the defendant filed an appeal against them, and this court decided to hold concurrent hearings of the two appeals cases. The first and second judgment against the defendant is in a concurrent relationship with 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 cannot be maintained as it is.
3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the part of the judgment of the court of first instance and the judgment of the court of second instance except compensation order are all reversed, and the judgment below is again decided as follows.
[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court is the same as that stated in each corresponding column of each judgment below. Thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 347(1) of the Criminal Act, Article 276(1) of the Criminal Act, Article 70(1)4 of the Specialized Credit Financial Business Act, Article 347-2 of the Criminal Act, Article 314(1) of the Criminal Act, Article 260(1) of the Criminal Act, the choice of punishment for a crime, the choice of punishment, the selection of imprisonment;
1. Article 35 of the Criminal Act among repeated crimes;
1. Among concurrent crimes, Article 37 (former part), Article 38 (1) 2, and Article 50 (Reasons for Punishment) of the Criminal Act [Article 38 (1) 2 of the Criminal Act] provides that the nature of the crime is inferior in light of the details and methods of the crime, the number of times of the crime is high, and the money that has been stolen is considerably high, and several records of punishment for