사기
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for one year.
1. The respective punishment (one year and four months of imprisonment) declared by the court below against the accused in the summary of the grounds for appeal is too unreasonable.
2. Prior to the judgment on the grounds for appeal ex officio, the following facts are examined: ① the prosecutor received “delivery” among the facts charged against the first instance judgment at the trial court; ② the application for amendment to the indictment was amended to “Article 347(2) and (1) of the Criminal Act” from “Article 347(1) of the Criminal Act; and this court permitted the application for amendment to the indictment; ② the case of this court 2012No2969, which is the appeal against the first instance judgment; ② the case of this court 2013No837, which is the appeal against the second instance judgment, was consolidated in the oral proceedings; ② the crimes of the first and second lower judgment are related to the concurrent crimes under the former part of Article 37 of the Criminal Act; and thus, the judgment of the court below should be reversed in its entirety, on the grounds that the crime of this court 2013No837, which is the appeal against the second instance judgment, is a single sentence within the scope of punishment aggravated for concurrent crimes pursuant to Article 38(1) of the Criminal Act.
3. Accordingly, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the grounds of the above reasons for reversal of authority, and it is again decided as follows.
Criminal facts
The summary of the facts charged and the evidence admitted by the court is identical to each corresponding part of the 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 provisions of the Criminal Act, Article 347(2) and (1) of the Criminal Act (the point of fraud against the victim F), Article 347(1) of the Criminal Act (the point of fraud against N of the victim), and the choice of imprisonment, respectively;
1. Of concurrent crimes, the defendant in the first sentence of Article 37, Article 38(1)2, and Article 50 of the Criminal Act is at the trial.