사기
The guilty part of the judgment of the court of first instance and the judgment of the court of second instance are reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
1. On September 13, 2006, the first instance court rendered a judgment of innocence on the grounds that there is no proof of crime regarding fraud among the facts charged in the indictment. Around September 18, 2009, the first instance court found the Defendant guilty of fraud and sentenced the Defendant to five months of imprisonment. Since only the Defendant appealed on the guilty portion and the part of innocence for which the prosecutor did not appeal is confirmed as it is, the first instance court’s judgment against the first instance court is limited to the guilty portion of the first instance judgment.
2. Summary of grounds for appeal;
A. Although the Defendant had the intent to return the money received in connection with the sale and purchase of the instant real estate to the victims, each of the lower judgment that found the Defendant guilty of all the charges of the instant case is erroneous in matters of mistake of facts.
(B) The defendant alleged that he received money from the victims in the statement of grounds for appeal, but he had the intent to return the money to the victims, and then the defendant still maintains his claim as to the above point, asserting only unreasonable sentencing as the grounds for appeal in the court of appeal.
The punishment sentenced by the lower court of unfair sentencing (the first instance judgment: imprisonment with prison labor for five months, and imprisonment with prison labor for one year and six months) is too unreasonable.
3. Prior to the judgment as to the grounds for appeal by the defendant ex officio, the first and second court rendered ex officio a separate decision as to each of the crimes committed by the defendant in the judgment of the court below, and then sentenced the defendant to five months of imprisonment and one year and six months of imprisonment, and the court of the first instance decided to hold concurrent hearings as to each of the above two appeals cases pending by the defendant filing an appeal against each of the above decisions. The first and second court's crimes against the defendant are concurrent crimes under Article 38 (1) of the Criminal Act, because they are concurrent crimes under Article 37 of the Criminal Act.