사기
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for not less than eight months.
1. The summary of the grounds for appeal (No. 1: Imprisonment with prison labor for 8 months, and fines for 6 million won, and fines for 3 million won) of the original judgment is too unreasonable.
2. Before determining the grounds for appeal by the defendant ex officio, this Court decided to jointly examine each appeal case against the judgment of the court below. On the other hand, all the offenses committed by the court below against the defendant are concurrent offenses under the former part of Article 37 of the Criminal Act, and a sentence shall be imposed within the scope of the term of punishment increased by concurrent offenses in accordance with Article 38(1) of the Criminal Act.
Therefore, the judgment of the court below can no longer be maintained.
3. The judgment of the court below is reversed ex officio under Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment of the court below is reversed, and it is again decided as follows through pleading.
Criminal facts
The summary of the facts constituting an offense and the summary of the evidence acknowledged by this court is as follows: (a) except where the facts constituting an offense of the first instance judgment and the summary of the evidence are deemed to be “ November 28, 2013” under the Criminal Procedure Act, and the facts constituting an offense of the first instance judgment are deemed to be “ November 28, 2012,” as stated in each corresponding column of the lower judgment; (b)
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. Article 35 of the Criminal Act for aggravated repeated crimes;
1. In light of the favorable circumstances, the fact that the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act that the Defendant’s health and economic conditions are not good, the acquired amount is not more than one million won, and that the lower court agreed with the victim D, and that the Defendant led to the confession of the instant crime and the misunderstanding of one’s own mistake, etc. are visible, the Defendant has several times as the same kind of crime.