사기등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for two years.
1. The decision of the court below on the summary of the reasons for appeal is too unreasonable because of the following reasons: each punishment (the first instance court's sentence: imprisonment with prison labor for 1 year and 6 months: imprisonment for 3 months; imprisonment for 4 months, 4 and 5 months: Imprisonment for 2 months) sentenced to the defendant in the decision of the court below.
2. Prior to the judgment on the grounds for appeal, the judgment of the court below was rendered ex officio, and the defendant filed an appeal against the defendant, and this court decided to hold a joint hearing of both appeals. Each of the offenses against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one punishment should be imposed pursuant to Article 38(1) of the Criminal Act. In this respect, the judgment of the court below cannot be maintained.
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's unfair argument of sentencing, and it is again decided as follows.
[Re-written judgment] The summary of criminal facts and evidence against the defendant recognized by the court is identical to each corresponding column of the judgment below, and thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of the Criminal Act and Article 347(1) of the Criminal Act (the fraud point, the choice of imprisonment), Article 347-2 of the Criminal Act (comprehensively, the fraud by using computers, etc., the choice of imprisonment), Article 49(4)1 and Article 6(3)1 of the Electronic Financial Transactions Act (the transfer of access media and the choice of imprisonment) concerning the crime;
1. The reason for sentencing Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Code that the defendant shows an attitude against his or her will when he or she acknowledges his or her mistake.
However, each of the crimes of this case is the sale of used goods by the defendant and the settlement of mobile phones.