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.
Nos. 1 to 34 of seized evidence, as well as evidence.
1. The second instance court's punishment (the first instance court's punishment: imprisonment of 1 year and 6 months, confiscation, and 2 months: imprisonment of 3 months) of each of the lower court's grounds for appeal are too unreasonable.
2. We examine ex officio the defendant's grounds for appeal prior to judgment.
The court held that each appeal against the defendant was jointly reviewed.
Since the crimes of each joined case are concurrent crimes under the former part of Article 37 of the Criminal Act, one punishment should be imposed within the scope of the term of punishment aggravated for concurrent crimes in accordance with the example of Article 38(1) of the Criminal Act.
Therefore, the two decisions of the court below rendered on the defendant cannot be maintained any more.
3. If so, the court below's decision is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, since there are grounds for reversal of the above authority, and it is again decided as follows.
Since both the facts of the crime and the summary of the evidence recognized by the court, the facts of the crime and the summary of the evidence are as stated in the judgment of the court below, they are cited as they are in accordance with Article
Application of Statutes
1. Relevant Article 347 (1) of the Criminal Act concerning the facts of crime, the choice of punishment, and the choice of imprisonment;
1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;
1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;
1. The conditions favorable to the defendant shall be as follows:
· The confession reflects his mistake while making a confession.
- Of the amount obtained by deceitation of this case, Damond equivalent to KRW 60 million was temporarily returned to the victim and the part of the damage was recovered.
2. The circumstances disadvantageous to the defendant shall be as follows:
- The crime of this case is very poor in light of the content of the crime and the method of the crime as a matter of fraud by using the check requested to be destroyed by the closed business after the payment has been completed.
· The victim is a majority.