사기등
The part of 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
B. Imprisonment.
The decision of the court below on the summary of the reasons for appeal (the decision of the court below 1: the imprisonment of the defendant A 2 years and 6 months, the imprisonment of the defendant B 3 years and the imprisonment of the defendant B 8 months) is too unreasonable.
The grounds for appeal by the Defendants are examined ex officio prior to the judgment.
The judgment of the court of first instance and the judgment of the court of second instance against the Defendants filed an appeal against each of the above two appeals cases, and this court decided to hold concurrent hearings. Since each of the offenses of the first and second appeals against the Defendants is concurrent crimes under the former part of Article 37 of the Criminal Act, one punishment should be imposed pursuant to Article 38(1) of the Criminal Act, and thus, the judgment of the court of first and second instances cannot be maintained as they are.
Therefore, the judgment of the court below is reversed in its entirety and the judgment of the court below excluding the compensation order among the judgment of the court of first instance is reversed pursuant to Article 364 (2) of the Criminal Procedure Act, and the judgment of the court below excluding the compensation order and the judgment of the court of second instance is again decided as follows, without examining the defendants' respective
Criminal facts
The summary of the evidence and criminal facts against the Defendants recognized by this court are as stated in the corresponding column of the first and second judgment, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Articles 347(1) and 30 of the Criminal Act (the Defendants), Articles 6(1) and 3 of the Act on the Regulation of Similar Receiving Acts, Article 30 of the Criminal Act (the point of fraud), Articles 30 of the Criminal Act (the point of similar receiving acts), and the choice of imprisonment, respectively.
1. The grounds for the aggravated punishment of concurrent crimes (the Defendants) under the former part of Article 37, Article 38(1)2, and Article 50 of each Criminal Act (an aggravated punishment of concurrent crimes against the victim AK with the largest punishment and circumstances) are examined, and the Defendant A is two persons from among the victims of the instant fraudulent crimes.