사기
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment with prison labor for four months.
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for three months, and imprisonment with prison labor for three months) imposed by the original court (e.g., imprisonment with prison labor for three months) is too unreasonable.
2. Prior to the judgment on the grounds for appeal by the defendant ex officio, this Court tried by combining the appellate cases of the judgment of the court of first instance and the appellate cases of the judgment of the court of second instance. Each of the offenses against the defendant is in a concurrent relationship under the former part of Article 37 of the Criminal Act and should be punished with a single sentence within the scope of the term of punishment aggravated for concurrent crimes in accordance with Article 38(1) of the Criminal Act. Thus, the judgment of the court 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's assertion of unfair sentencing, on the grounds of the above ex officio reversal, and it is again decided as follows.
[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court is the same as that of the judgment below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.
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. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;
1. Among concurrent offenders, the reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act is against the defendant, the defendant committed each of the crimes of this case in the course of managing the company's business as a director of the company B, and the defendant did not personally gain any profit. The defendant agreed with the victim C only with the victim corporation. Each of the crimes of this case must take into account the balance between the criminal records of this case and the concurrent crimes under the latter part of Article 37 of the Criminal Act, and the defendant's age, character and conduct, and environment.