사기
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for nine months.
1. The summary of the grounds for appeal is unreasonable because each of the original decisions (the first instance judgment: imprisonment with prison labor for three months and the second instance judgment: imprisonment with prison labor for six months) is too unreasonable.
2. After the judgment of the court below was rendered ex officio and the judgment of the court below was rendered, the defendant filed an appeal against the judgment of the court of second instance, respectively, and the court decided to hold a joint hearing of each appeal case.
Since each crime of the judgment below is a concurrent crime under the former part of Article 37 of the Criminal Act, one punishment should be sentenced in accordance with Article 38(1) of the Criminal Act, each of the judgment below cannot be maintained as it is.
3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant and the prosecutor's assertion of unfair sentencing, and it is again decided as follows.
Criminal facts
The summary of the facts and evidence acknowledged by this court is as follows. The part of the judgment of the court of Second Instance 1, 18, 2, and 6 among the "criminal facts" of the judgment of the court of Second Instance 1, and the part of the judgment of the court of Second Instance 1 among the "a summary of evidence" of the judgment of the court of Second Instance is deleted. In addition to deletion of "a summary of evidence" of the judgment of the court of Second Instance 1, it is identical to the corresponding column of each judgment of the court of Second Instance 369.
Application of Statutes
1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;
1. Where a person commits a crime against an unspecified or a large number of unspecified victims, or commits a crime for a considerable period of time, in the basic sphere (one to two years) of category 1 (less than KRW 100,00) (one to two months) of general fraud;
2. The Defendant who was sentenced to a sentence shall be punished by imprisonment with prison labor for fraud at the Jeonju District Court on November 4, 2015.