사기등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for two years.
1. Each sentence (No. 1: Imprisonment with prison labor for 2 years, and a fine of 3 million won for the second instance judgment) declared by the original court on the gist of the grounds of appeal is too unreasonable.
2. The Court ex officio rendered a consolidated examination of each appeal against the judgment below.
Each crime in the holding of the court below is a concurrent crime under the former part of Article 37 of the Criminal Act, and a sentence shall be imposed in accordance with Article 38(1) of the Criminal Act.
The judgment of the court below has reasons for ex officio destruction.
The judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act, without proceeding to decide on the grounds for appeal by the defendant, and the judgment is again ruled as follows.
Criminal facts
The summary of the facts charged and the evidence admitted by this court is as follows, except for the addition of “1. Defendant’s trial testimony” to the summary of the evidence in the judgment of the court below, and thus, it is identical to each corresponding column of the judgment of the court below. Thus, all of them are cited in accordance with Article 3
Application of Statutes
1. Relevant provisions of Article 347 (1) of the Criminal Act for the crime concerned, Article 231 of the Criminal Act, and Articles 234 and 231 of the Criminal Act for each crime;
1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the punishment prescribed for the crime of forging a private document in the name of G with the largest criminal situation, the punishment for the crime of forging a private document in the name of G with the largest criminal situation, the crimes of uttering of each private document in the name of G with the largest criminal situation, and the punishment prescribed for the crime of uttering of a private document in the name of G
1. Selection of each sentence of imprisonment;
1. Among concurrent crimes, the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes as provided in the heavy fraud), among concurrent crimes, are the primary offenders. In the first instance, each of the crimes of this case is recognized, and their depth is divided.
In the Daegu District Court Decision 201Gahap5473, which filed against the Defendant, the Defendant paid the Defendant KRW 450 million until May 31, 2013 to the effect that the Defendant paid the Victim KRW 450 million.