사기등
All parts of the judgment of the court below excluding the compensation order portion shall be reversed.
Defendant shall be punished by imprisonment for a term of one year and six months.
1. On the other hand, the defendant asserts that the punishment of the court below (one year and two months in prison, two months in prison, and eight months in prison: imprisonment) is too excessive and unfair, while the prosecutor asserts that the 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.
[Re-written judgment] The facts constituting an offense and the summary of evidence recognized by the court and the summary of evidence are as stated in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 347 (1) of the Criminal Act (the point of fraud), Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act (the point of uttering of the above investigation document), Article 232-2 of the Criminal Act (the point of uttering of the private document), Articles 234 and 232-2 of the Criminal Act for each criminal fact, and Articles 234 and 232-2 of the Criminal Act for each criminal fact (the point of uttering of the private document)
1. Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (only between the crimes of intent to carry out the above investigation documents held together and the crimes of intent to carry out electronic records of the above author);
1. Selection of each sentence of imprisonment;
1. The reasons 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 have been agreed with 6 persons in the lower court and 10 persons in the first instance trial.