사기등
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.
1. The main point of the grounds for appeal is that the punishment of the lower court (No. 1: imprisonment with prison labor for 2 years, and imprisonment with prison labor for 2 months) is too unreasonable.
2. We examine ex officio the grounds for appeal by the defendant before determining ex officio.
The court of the first and second trial cases against the defendant were reviewed concurrently. Each offense of the defendant's first and second trial cases is one of the concurrent offenses under the former part of Article 37 of the Criminal Act, and thus, a single sentence should be punished within the term or amount of punishment for which concurrent offenses are aggravated under Article 38 (1) of the Criminal Act.
The part of the judgment of the court of first instance excluding compensation order and the judgment of the court of second instance excluding compensation order can no longer be maintained in this respect.
3. Thus, without examining the defendant's unfair argument of sentencing, the part of the judgment below excluding compensation order among the judgment of the court below No. 1 and the judgment of the court below No. 2 are reversed, and the judgment below is all reversed and the judgment below is ruled as follows through pleading.
Criminal facts
The summary of the facts charged and the evidence admitted by the court is identical to each of the corresponding columns of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant legal provisions of the Criminal Act, Article 347(1) of the Criminal Act (the point of fraud), Article 73 Subparag. 7 and Article 49-2(1) of the Act on Promotion of Utilization of Information and Communications Network Utilization and Information Protection, Etc. (the point of improper collection of personal information) of the same Act, and the choice of imprisonment for each type of crime;
1. Article 35 of the Criminal Act for aggravated repeated crimes;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 32(1)3 and Article 25(3)3 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits to Dismiss the Compensation Order [The record reveals that the applicant AK filed an order for compensation with respect to KRW 500,000,00 among the money acquired by the Defendant, and the applicant CT filed an order for compensation with respect to KRW 280,000,000,000,000,000,000,000,000,000,000,000,