컴퓨터등사용사기등
The judgment of the court of first instance except for compensation order and the judgment of the court of second instance shall be reversed.
Two years of imprisonment.
1. The punishment of the lower court (two years and six months and six months and imprisonment of the lower court) by each of the main points of the grounds for appeal is unreasonable.
2. Judgment on the grounds for appeal by the defendant ex officio shall be examined ex officio.
This Court decided to consolidate each appeal case against the judgment of the court below, and each of the offenses against the judgment of the court below is concurrent crimes under the former part of Article 37 of the Criminal Act, and shall be sentenced to a single sentence within the scope of a limited term of punishment pursuant to Article 38(1) of the Criminal Act. Thus, the part of the judgment of the court of first instance excluding compensation order and the judgment of the court of second instance excluding compensation order
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.
[Discied reasoning] The summary of facts constituting an offense and evidence recognized by the court is identical to each corresponding part of the judgment of the court of first and second instance, 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. The punishment of Articles 347-2 of the Criminal Act, Article 329 of the Criminal Act, Article 347 (1) of the Criminal Act, Article 70 (1) 3 of the Specialized Credit Financial Business Act, and Article 70 (1) 3 of the Specialized Credit Financial Business Act, and the choice of imprisonment with prison labor for each crime;
1. Article 35 of the Criminal Act among repeated crimes;
1. Of concurrent offenders, the crime of the judgment of the court of first instance on the grounds of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act is very poor in the nature of the crime, such as theft of cash and goods for sale, and charging of cultural products and transportation cards by operating a spons terminal without authority.
The total amount of damage will be approximately KRW 10 million.