사기등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for one year.
1. The gist of the grounds for appeal asserts that the Defendant is unfair on the ground that the lower court’s punishment (the first instance court’s punishment: four months, and the second instance court’s imprisonment with prison labor for ten months) is too unreasonable, while the Prosecutor asserts that the first instance court’s punishment is too unfasible and unfair.
2. Prior to the judgment on the grounds for appeal by the Defendant and the prosecutor ex officio, this Court decided to concurrently examine the appeal cases against the lower judgment. Each of the lower judgment against the Defendant is in a concurrent crime relationship under the former part of Article 37 of the Criminal Act, and a single sentence should be imposed within the term of punishment increased by concurrent crimes in accordance with Article 38(1) of the Criminal Act. Thus, the lower judgment cannot be maintained.
3. In conclusion, the judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act without examining the above ex officio grounds for reversal, and the following is again decided after pleading.
Criminal facts
The summary of the facts charged and the summary of the evidence admitted by the court are as shown in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
1. Relevant provisions of the Criminal Act and Article 347(1) of the Criminal Act concerning the facts constituting an offense, each of the choice of punishment, Article 283(1) of the Criminal Act, Article 260 of the Criminal Act, Article 74(1)3 and Article 44-7(1)3 of the Act on Promotion of Use of Information and Communications Network and Information Protection, Etc., and each of the choice of imprisonment, respectively;
1. Article 35 of the Criminal Act for aggravated repeated crimes;
1. The punishment for concurrent crimes under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act is not a large amount of 9.8 million won for the defendant's crime of this case, and the victim G, such as intimidation, is seeking revocation of the complaint against the victim and the defendant's preference.
On the other hand, the Defendant did not agree with the defrauded C.