사기
Of the judgment of the court below, the part of the judgment of the court of first instance excluding the compensation order shall be reversed.
Two years of imprisonment.
1. The punishment (one and half years of imprisonment with prison labor, and eight months of imprisonment with prison labor) that the judgment of the court below pronounced in the summary of the grounds for appeal is too unreasonable.
2. Prior to the judgment on the grounds for appeal by the defendant ex officio, each of the cases of the judgment of the court below that the defendant appealed in the trial of the court below is merged with each of the cases of the court below that held against the defendant, and the facts of the crime of the judgment of the court below against the defendant are concurrent crimes in accordance with the former part of Article 37 of the Criminal Act, and one punishment shall be sentenced at the same time in accordance with Article 38 of the Criminal Act
3. According to the conclusion, the judgment of the court below is reversed under 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 Judgment] The summary of the facts constituting an offense and evidence recognized by the court and the summary of the evidence are as follows: the sum "9,95,500 won" of the facts constituting an offense of the court of first instance shall be deemed as "total 9,410,500 won" of the facts constituting an offense of the court of first instance, and the list of the same offense.
1. The "650,000 won" in No. 8 "65,00 won" is "65,00 won (one right 1.12,119 out of three investigative records in the case of 2019 order533) and the "total: 38 times/9,95,500 won" in the end of the crime list 1 of the above crime list shall be changed to "38 times: 38 times/9,995,50 won" as stated in each corresponding column of the judgment of the court below. Thus, it shall be cited as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Article 35 of the Criminal Act among repeated crimes;
1. Among concurrent offenders, the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act are confessions and reflects each of the crimes of this case. The amount of each of the crimes of this case obtained by fraud of this case.