사기
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for one year.
However, for two years from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal (the first instance judgment: imprisonment for 8 months, the suspension of execution for 2 years, the community service work 120 hours, the second instance judgment: imprisonment for 6 months, the suspension of execution for 2 years, the probation) is too unreasonable.
2. Prior to the judgment on the grounds for appeal ex officio, the case of appeal against the judgment of the court of first instance, which is the case of appeal against the judgment of the court of second instance, was consolidated in the oral proceedings of the court of second instance, which is the case of appeal against the judgment of the court of second instance. Each of the crimes recognized by the court of first and second instance against the defendant is in a concurrent crime under the former part of Article 37 of the Criminal Act, and thus, a single sentence should be imposed within the scope of the term of punishment increased by concurrent crimes under Article 38(1) of the Criminal Act. In this respect, the judgment of the court of second instance cannot be maintained as it is.
3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground that there is a ground for ex officio reversal as seen above, and it is again decided as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are as shown in each corresponding column 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. Article 347 (1) of the Criminal Act and the choice of imprisonment with prison labor for the crime concerned;
1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing of Article 62-2 of the Social Service Order and the Probation Criminal Act appears to be that the defendant recognized all of the crimes of this case and reflects them, and the defendant agreed smoothly with the victim A, repaid KRW 35 million to the victim 20 million, and the lease deposit amount to KRW 24 million is the victim corporation.