사기
All parts of the judgment of the court below, excluding the compensation order, shall be reversed.
Defendant shall be punished by imprisonment for four years.
1. Of the facts charged against the Defendant, the second instance court dismissed the prosecution against the victim AH among the charges charged against the Defendant, and pronounced guilty of the remainder of the charges, and the prosecutor did not appeal the second instance judgment against the Defendant, and only appealed against the second instance judgment against the guilty part of the second instance judgment.
Therefore, the scope of this court's adjudication is limited to the remaining part of the judgment below except the dismissal of public prosecution.
2. Summary of grounds for appeal;
A. The punishment (two years of imprisonment) of the judgment of the court of first instance (unfairness) is too unhued and unfair.
B. Defendant 1) The fact that the Defendant of the lower judgment, as stated in this part of the facts charged, intended to receive a foreign inheritance fund, etc. is true, Defendant 1 did not deceiving the victims of deception intentionally, nor did the Defendant commit the fraud in collusion with G.
Therefore, the judgment of the court below which convicted this part of the facts charged is erroneous in misconception of facts and misapprehension of legal principles.
B) It is true that the Defendant of the second instance judgment decided to receive overseas inheritance funds, etc. as stated in this part of the facts charged. Therefore, there is an error of misunderstanding of facts and misunderstanding of legal principles in determining the guilty of this part of the facts charged. 2) The lower court’s sentence of unfair sentencing (i.e., imprisonment of two years: imprisonment of two years; (ii) imprisonment of one year and two months; compensation order of one year and two months) is too unreasonable.
3. Each of the crimes of the first and second original judgments against the defendant became concurrent crimes as the prosecutor ex officio judgment and the first and the second original judgment appealed from the defendant's appeal are combined in the trial court, and the crimes of the first and second original judgment against the defendant were concurrent crimes under Article 37 of the Criminal Act.
In such cases, Article 38 of the Criminal Code should be sentenced to a single punishment at the same time, so the judgment of the first and second court can no longer be maintained.