사기등
The part of the judgment of the court of first instance and the judgment of the court of second instance are reversed.
The defendant shall be sentenced to one year of imprisonment.
1. Each punishment (one year and six months of imprisonment, and four months of imprisonment) of the judgment of the court below against the defendant in the summary of the grounds for appeal is too unreasonable.
2. Before determining the grounds for appeal by the Defendant, the following facts are examined ex officio prior to the determination of the grounds for appeal by the Defendant. Each of the crimes of the lower judgment is concurrent crimes under the former part of Article 37 of the Criminal Act. Since this court held a concurrent hearing of each of the cases of the lower judgment and then selected the same type of punishment for each of the crimes, it is necessary to render a single sentence for each of the above crimes in accordance with Article 38(1) of the Criminal Act.
3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act as the above reasons for ex officio reversal, and the judgment below is delivered following the pleadings.
Criminal facts
The summary of the facts charged and the summary of the evidence admitted by the court are as follows, except for adding the list of offenses in attached Form 6 to the list of offenses among the facts of the judgment of the court of first instance, and therefore, it is identical to each corresponding column of the judgment of the court of first instance. Thus, it is cited as it is in accordance
Application of Statutes
1. Relevant Article 347(1) of the Criminal Act, Article 347(1) of the Criminal Act (the point of fraud), Article 355(1) of the Criminal Act (the point of embezzlement), Articles 347(1) and 30 of the Criminal Act, and the choice of imprisonment with labor for each type of crime;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;