사기
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for one year.
, however, for two years from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal (e.g., 6 months of imprisonment and 2 years of suspended execution, and 8 months of imprisonment and 2 years of suspended execution) that the judgment of the court below rendered is too unreasonable.
2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the defendant filed an appeal against the whole of the judgment below, and the trial court decided to hold concurrent hearings of each of the above appeal cases. Since all of the facts constituting the above judgment are concurrent crimes under the former part of Article 37 of the Criminal Act, the judgment of the court below should be rendered at the same time and a single sentence should be sentenced, and the judgment of the court below is no longer maintained.
3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and it is again decided as follows, without examining the defendant's assertion of unfair sentencing, on the grounds of the above ex officio reversal.
[Discied reasoning of the judgment] Criminal facts and summary of evidence recognized by this court are all identical to each corresponding column of the judgment of the court below. Thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;
1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Each of the crimes of this case with the reason for sentencing under the main sentence of Article 62(1) of the Criminal Act is a situation unfavorable to the defendant, such as the fact that the defendant, by deceiving the victims about the new construction project of rental apartments, obtained a total of 63 million won as loan and investment, and the crime is not good in light of the circumstances of the crime, etc., and that the defendant did not seem to have a strong attitude of reflection against his mistake during the investigation process
(b).