사기등
All judgment of the court below shall be reversed.
Defendant shall be punished by imprisonment for a year and April, and a fine of 2,00,000 won.
The defendant above.
1. Summary of grounds for appeal;
A. Regarding the crime of Parag. (1) of the judgment of the first instance court, the Defendant did not deceiving the victim B as stated in this part of the facts charged, and had the ability and intent to pay the loan repayment money received under the above victim’s name at the time. 2) In relation to the crime of Parag. (2) through (4) of the judgment of the first instance court, the Defendant did not have conspired to commit a larceny with M and did not know that M did not use the credit card of the victim N who stolen M.
B. The punishment sentenced by the first and second instances of unfair sentencing (the first instance court: imprisonment with prison labor for a year and a fine of two million won, and the second instance court: imprisonment with prison labor for a period of four months) is too unreasonable.
2. We examine ex officio the grounds for appeal prior to the judgment ex officio.
The first and second original judgments against the defendant were individually sentenced, and the defendant appealed against the first and second original judgments.
This Court decided to hold a joint hearing of each of the above appeals cases. Each of the offenses of the first and second and second judgments is concurrent offenses under the former part of Article 37 of the Criminal Act, and one of the offenses is to be sentenced in accordance with Article 38(1) of the Criminal Act.
Therefore, the judgment of the court below can no longer be maintained.
However, the defendant's assertion of misunderstanding of facts against the first instance judgment is still subject to the judgment of this court, and this is examined.
3. The defendant asserts the same purport in the first instance court concerning the defendant's assertion of mistake of facts against the first instance judgment, and the first instance court rejected the above argument in detail by explaining the decision in the column of judgment on the defendant's and his defense counsel's assertion. In light of the records, the judgment of the first instance court is just and acceptable, and it cannot be viewed that there was an error of mistake of facts, such as the defendant's assertion.