사기등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for six years.
Seized evidence 2 to 2.
1. The sentencing of the lower court (the first instance judgment: 6 years of imprisonment and the second instance judgment: 2 months of imprisonment) is too unreasonable.
2. Prior to the judgment on the grounds for appeal ex officio, the judgment of the court below Nos. 1 and 2 against the defendant was sentenced to each of the judgment below, and the defendant filed an appeal against them, and this court decided to hold concurrent hearings of the two appeals cases. Since the crimes of the court below Nos. 1 and 2 against the defendant are concurrent crimes under the former part of Article 37 of the Criminal Act, one punishment should be imposed pursuant to Article 38(1) of the Criminal Act, the judgment of the court below Nos. 1 and 2 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 assertion of unfair sentencing, and it is again decided as follows through the pleading.
[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court is the same as that stated in each corresponding column of the judgment below. 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 Article 347(1) of the Criminal Act, Article 329 of the Criminal Act, Article 228(1) of the Criminal Act, Article 229 and Article 228(1) of the Criminal Act, Article 231 of the Criminal Act, Article 234 and Article 231 of the Criminal Act, Article 37-2 of the Resident Registration Act, Article 230 of the Criminal Act, Article 230 of the Resident Registration Act, Article 202 subparag. 3 and subparag. 4 of the Insurance Business Act, Article 229 and Article 228(1) of the Criminal Act, Article 231 of the Criminal Act, Article 234 and Article 231 of the same Act, Article 37-2 of the Resident Registration Act, Article 230 of the Civil Act, Article 202 of the Insurance Business Act, Article 202 subparag. 3 and Article 98 subparag. 4
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Confiscation Article 48(1)1 of the Criminal Act