사기
The judgment of the court below of first instance, excluding the part of the compensation order, shall be reversed in entirety and the judgment of the court below 2, 3.
Defendant .
1. As to the Defendant’s summary of the grounds for appeal, the first instance court’s decision was sentenced to imprisonment of two years and six months, one year and six months, and one year imprisonment by the second instance court’s imprisonment, and the third instance court’s decision, the Defendant filed each appeal on the grounds that the Defendant’s respective punishment is too large and unfair, on the grounds that the prosecutor’s second instance judgment’s punishment is too small and unfair.
2. The Defendant, ex officio, filed an appeal against all the judgment of the court below in the first, second, and third cases, and the arguments in the appeal case against each of the above judgment of the court below were combined at the trial of the court below.
Therefore, each of the crimes of the first, second, and third Supreme Court Decision which sentenced the defendant to the same punishment is concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one punishment should be sentenced pursuant to Article 38(1) of the Criminal Act. Thus, the above judgment of the court below cannot be maintained as it is.
3. The judgment of the court below 1, 2, and 3 is reversed ex officio as above, and the judgment below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the error of sentencing by the defendant and the prosecutor, and it is again decided as follows.
[Grounds for a new judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the corresponding part of the judgment below's 1, 2, and 3 as stated in the facts constituting an offense and the summary of evidence. Thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. The relevant legal provisions of the Criminal Act and Articles 347(1) and 30 of the Criminal Act regarding criminal facts, the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act for the punishment of concurrent crimes subject to the punishment of imprisonment, are very poor in that the crime of phishing fraud is a systematic and planned crime against many and unspecified persons, i.e., to make the money of those who are in the position of the socially weak and the economically weak, and to put them in a more fluorcing place.
In addition, the defendant takes place against the victims according to the direction of the Singman.