사기등
We reverse the judgment of the court below.
A defendant shall be punished by imprisonment for not less than two years and six months.
1. The summary of the grounds for appeal Nos. 1 and 2 (the first instance judgment: Imprisonment with prison labor for a year and 6 months, and imprisonment with prison labor for a year and 1 year and 4 months) are too unreasonable.
2. Judgment on the grounds for appeal by the defendant ex officio shall be examined ex officio.
As each case of the judgment of the court below is merged in the trial, each crime of the judgment of the court below becomes concurrent crimes in accordance with the former part of Article 37 of the Criminal Act, and one punishment shall be sentenced simultaneously in accordance with Article 38 of the Criminal Act. Thus, the judgment of the court below that rendered a separate punishment for each of the above crimes cannot be maintained any more.
3. 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, and it is so decided as follows.
[Discied reasoning of the judgment below] Criminal facts and summary of evidence acknowledged by the court of this court are identical to each corresponding column of the judgment of the court below, except for the case where the defendant's statement in the first instance trial record of the court of first instance of the court of first instance of the court of first instance is changed to "the defendant's statement in the trial record of the court of the court of the court of the court of the court of the court of the court of the defendant" and "the defendant's partial statement in the court of the court of the court of the defendant" in "the defendant's own statement in the court of the court of the court of the defendant" in 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, Article 347(2) and (1) of the Criminal Act (the point of fraud by the third party), Article 355(1) of the Criminal Act, the choice of imprisonment for a crime, and the choice of a penalty;
1. The latter part of Article 37 and Article 39 (1) of the Criminal Act dealing with concurrent crimes;
1. Grounds for sentencing among concurrent crimes under the former part of Article 37, Articles 38 (1) 2 and 50 (Aggravation of concurrent crimes stipulated in the crime of fraud against victim D with the largest punishment, nature of the crime, and circumstances) of the Criminal Act;
1. Legal penalty;