사기
The part of the judgment of the court of first instance except for compensation order and the judgment of the court of second instance shall be reversed.
Defendant shall be punished by imprisonment.
Illegal sentencing (the first instance judgment of KRW 1: Imprisonment with prison labor for 4 years and the second instance: Imprisonment for 2 months) for each summary of the grounds for appeal.
2. The Defendant appealed against each judgment of the lower court, and this court decided to hold a joint hearing on the appeal case.
However, in each judgment of the court below against the defendant, each crime which found the defendant guilty is a concurrent crime under the former part of Article 37 of the Criminal Act, and thus, one punishment should be sentenced pursuant to Article 38 (1) of the Criminal Act. Thus, each judgment of the court below cannot be maintained as it is.
3. As such, each judgment of the court below on the ground of the above ex officio reversal, the part of the judgment of the court below excluding the compensation order among the judgment of the court below 1 pursuant to Article 364(2) of the Criminal Procedure Act and the judgment of the court below excluding the compensation order shall be reversed and the judgment of the court below 2 shall be
[Grounds for a new judgment] Criminal facts and summary of evidence recognized by the court and the summary of evidence are identical to the facts stated in each corresponding column of the judgment below, thereby admitting them as they are in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 347 (1) of the Criminal Act and the choice of punishment for the crime, Articles 347 (1) of the Criminal Act and the choice of imprisonment;
1. Article 35 of the Criminal Act for aggravated repeated crimes;
1. Circumstances favorable to the reasons for sentencing under the former part of Article 37 of the Criminal Act, Articles 38(1)2 and 50 of the Act on the Aggravated Punishment of Concurrent Crimes: The recognition of a crime, and unfavorable circumstances that some victims are expected to have returned the amount of damage to the victim: The crime is not good to have been committed by deceiving a large number of victims in a continuous and planned manner; the amount of damage is large; most of the money acquired is used for preventing gambling funds or return; most of the money acquired is not recovered; most of the damage is not recovered; two times from 2014 to 2018; two times from 2018 to 2018 by committing a crime under the same law; and each of the crimes of this case has been committed again during the same period of repeated crime: Defendant 1.