사기등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for not more than ten months.
1. The prosecutor of the gist of the grounds for appeal asserts that the punishment sentenced by the court of first instance (two years of suspended sentence in eight months of imprisonment) is too unhued and unreasonable, and the defendant asserts that the punishment sentenced by the court of second instance (ten months of imprisonment) is too unreasonable.
2. Prior to the determination of the grounds for appeal of unfair sentencing by both ex officio determination, each of the appeals cases was deliberated in the trial by examining whether the defendant and the prosecutor filed each appeal against the judgment of the court of first and second instance. As the facts constituting the crime of each judgment of the court below are concurrent crimes in the relationship of concurrent crimes under the former part of Article 37 of the Criminal Act, each of the above facts constituting the crime should be sentenced to one of the above facts constituting the crime under Article 38(1)2 of the Criminal Act, and therefore, the judgment of the court below cannot be maintained in this respect.
3. Accordingly, the court below's decision is reversed in accordance with Article 364 (2) and (6) of the Criminal Procedure Act without examining the defendant and the prosecutor's assertion of unfair sentencing, on the ground that the above grounds for reversal ex officio exist, and it is again decided as follows.
Criminal facts
The summary of facts and evidence recognized by the court is identical to each corresponding column of each judgment of the court below, and thus they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 347(1) of the Criminal Act, Article 347(1) of the Criminal Act (the point of fraud), Article 314(1) of the Criminal Act (the point of interference with business), and the choice of imprisonment, respectively;
2. Of concurrent crimes, each of the crimes in this case committed on the grounds of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (an aggravated punishment stipulated in the crime of fraud against Victim AW with the largest punishment and penality) is repeated 12 times in total in the main office, taxi, etc. from March 2013 to May 2013, with the maximum of 2 months from March 2013.