사기
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
1. In light of the various sentencing conditions of this case in light of the gist of the reasons for appeal, the punishment of each court below against each defendant (the judgment of the court of first instance: imprisonment with prison labor for 10 months and the court of second instance: imprisonment with prison labor for 1 year) is too unreasonable.
2. The judgment of the court below, ex officio, was completed with respect to the two different cases (this Court Decision 2013Da14666 and 2013 Godan2637), and the defendant filed an appeal against the above judgment of the court below, and this court decided to hold concurrent hearings. Each of the crimes against the defendant in the judgment of the court below against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act and shall be sentenced to a single punishment at the same time in accordance with Article 38(1) of the Criminal Act. In this regard, the judgment of the court below against the defendant cannot be maintained.
3. Accordingly, the judgment of the court below is reversed under Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is reversed and it is again decided as follows.
Criminal facts
The summary of the facts and evidence against the defendant recognized by the court is the same as the corresponding column of each judgment of the court below, and thus, they are 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. Grounds for sentencing of concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with the punishment stipulated in the crime of fraud against victim H with heavy penalty);
1. The scope of applicable sentences: Imprisonment for one month to ten years;
2. Scope of the recommended sentence according to the sentencing guidelines (decision of type) [the scope of the recommended sentence] shall be from 10 million to 500 million won (the scope of the recommended sentence] in the basic area, one year to 4 years in imprisonment.
3. Determination of sentence shall apply to the defendant; and