사기등
The judgment of the court of first instance except for compensation order and the judgment of the court of second instance shall be reversed.
Two years of imprisonment.
1. The summary of the grounds for appeal (the first instance court: imprisonment with prison labor for two years and six months, and the second instance court: imprisonment with prison labor for four months) that the court below rendered on the defendant is unreasonable.
2. Prior to the judgment on the grounds for appeal, the case of this Court No. 2016No1933, which is the case of appeal against the judgment of the court of first instance, and the case of this Court No. 2016No2985, which is the case of appeal against the judgment of the court of second instance, was consolidated in the proceedings of pleadings. The crimes of the court of first and second instance are concurrent crimes under the former part of Article 37 of the Criminal Act, and should be sentenced to a single sentence within the scope of aggravated concurrent crimes under Article 38(1) of the Criminal Act. Thus, the judgment of the court below cannot be maintained any more in this respect.
3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and the judgment of the court of first instance except for compensation order, and the judgment of the court of second instance is reversed in accordance with Article 364(2) of the Criminal Procedure Act, since the above reasons for reversal
【Reasons for the Judgment of the Supreme Court which has been written] The criminal facts and summary of the evidence recognized by the court and the summary of the evidence are the same as the corresponding columns of the judgment of the court of first and second instance, and thus, they are quoted 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; Article 231 of the Criminal Act; Articles 234 and 231 of the Criminal Act; Articles 234 and 231 of the Criminal Act; the choice of imprisonment with labor for the crime;
1. Of the concurrent crimes, the case is important by deceiving the defendant of the reason for sentencing Article 37 (former part), Article 38 (1) 2, and Article 50 (2) of the Criminal Act by deceiving the victim of KRW 850 million.
In the process of receiving money from victims D, there is also a poor quality of crime by forging and using documents.
The victims D and E's considerable damages are not recovered, and they are defendants.