사기등
All judgment of the court below shall be reversed.
Defendant shall be punished by imprisonment for a term of one year and three months.
1. Each sentence (No. 10 months of imprisonment with prison labor, and No. 2 months of imprisonment with prison labor) declared by the court below on the gist of the grounds of appeal is too unreasonable.
2. Prior to the judgment on the grounds for appeal by the defendant's ex officio, the defendant filed an appeal against the judgment of the court below, and the arguments were combined in the trial of the court below. Since each of the offenses the judgment of the court below issued is concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one punishment should be imposed pursuant to Article 38 (1) of the Criminal Act, the judgment of the court below which sentenced a separate punishment for each of the above offenses cannot be maintained in this respect.
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 unfair argument of sentencing, and the judgment below is reversed in entirety, and the following is again decided after pleading.
Criminal facts
The summary of the facts charged by this court and the summary of the evidence thereof are as follows: (a) the actual disturbance [2015 order 5642] of the resolution of the original judgment [2015 order 5642] 1 (1) 3 and 2 (6) 6 of the part [2015 order] as “in the event of an investment,” each “in the event of an investment”; and (b) the amount column No. 7 of the attached list of crimes (1) 7 as “45” is the same as each corresponding column of the judgment of the court below, and thus, (c) the same shall be cited pursuant to Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 347(1) of the Criminal Act applicable to the facts constituting an offense, Article 347(1) of the Criminal Act (the point of fraud), Articles 6(1), 3(a), and 6(2) of the Act on the Regulation of Similar Receiving Acts (in combination, the point of receipt of similar messages), Articles 109(1), and 36 of the Labor Standards Act (the point of payment of wages), and the choice of imprisonment, respectively;
1. Article 35 of the Criminal Act for aggravated repeated crimes (as to each crime of fraud and the violation of the Act on the Regulation of Similar Receiving Acts)
1. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes (aggravating punishment and punishment)