사기등
The part of the judgment of the court of first instance excluding the dismissal of an application for compensation order, and the judgment of the court of second instance shall be reversed.
The summary of the grounds for appeal (unfair sentencing): The punishment sentenced by each court below (the first instance court: imprisonment with prison labor for three years and the second instance court: imprisonment with prison labor for eight months) is too unreasonable.
2. As the judgment of the court below was rendered to the defendant ex officio, the defendant filed an appeal against the remaining parts of the judgment of the court of first instance, excluding the rejection of an application for compensation order, and the judgment of the court of second instance, and the court decided to hold all of them together
The judgment of the court below against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act, and a single sentence should be imposed pursuant to Article 38(1) of the Criminal Act. Thus, the above part of the judgment cannot be maintained as it is.
3. As such, the judgment of the court below is reversed on the ground that there is a ground for reversal ex officio as above, and the remaining parts of the judgment of the court below excluding the dismissal of the application for compensation order among the judgment of the court of first instance pursuant to Article 364(2) of the Criminal Procedure Act and the judgment of the court below excluding the dismissal of the application for compensation order among the judgment
【Re-written judgment】 The facts constituting an offense and summary of evidence recognized by the court are identical to the facts stated in each corresponding column of the judgment below, thereby citing them as they are 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 231 of the Criminal Act, Articles 234, 231 of the Criminal Act (the point of uttering of the above-mentioned private document), Article 230 of the Criminal Act (the point of uttering of the official document), Article 347-2 of the Criminal Act, Article 329 of the Criminal Act, Article 329 of the Criminal Act (the point of fraud by using computers, etc.), Article 70(1)3 of the Act on Specialized in Credit Financial Business (the point of fraud), Article 30 of the Criminal Act in the case of joint crimes with F, and Article 30 of the Criminal Act in the case of joint crimes with F
1. Article 35 of the Criminal Act for aggravated repeated crimes;
1. The defendant's reasons for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act for the aggravated concurrent crimes are each of the crimes in this case.