사기
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
1. The summary of the grounds for appeal (unfair sentencing) by the lower court’s respective sentences (the first instance court: 4 months of imprisonment; 1 year of suspended sentence; 2 years of imprisonment: 1 year and 1 year of suspended sentence): 1 year and 6 months) are too unreasonable.
2. We examine ex officio determination.
The Defendant filed an appeal against the judgment of the lower court in the first and second instances, respectively, and this Court decided to jointly examine the two appeals cases.
However, each of the offenses against the Defendants in the first and second instance courts is in a concurrent crime relationship under the former part of Article 37 of the Criminal Act, and should be sentenced to a single sentence within the scope of the term of punishment aggravated for concurrent crimes pursuant to Article 38(1) of the Criminal Act. In this regard, the lower court’s judgment was no longer maintained.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and it is again decided as follows without further proceeding to decide on the defendant's unfair argument of sentencing, since there are grounds for reversal ex officio as above.
Criminal facts
The summary of the facts charged and the evidence presented by this court is the same as the corresponding column of the judgment of KRW 1 and KRW 2. Therefore, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 628(1) of the Commercial Act in relation to the crime, Article 628(1) of the said Act, Article 30 of the Criminal Act, Article 228(1) and Article 30 of the Criminal Act, Articles 229, 228(1), and 30 of the Criminal Act, Article 347(1) of the Criminal Act, Article 231 of the said Act, Article 234 and Article 231 of the said Act, Article 231 of the said Act, Article 355(1) (a) of the Criminal Act, each of the following acts concerning the crime;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of each sentence of imprisonment;
1. The grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes are found to be all of the crimes of this case in the first instance (the Defendant, at the lower court’s ruling, 2015 High Court Order 6294.4.