사기
All the judgment of the court below (excluding dismissal of application for compensation) shall be reversed.
A defendant shall be punished by imprisonment for one year.
R. petitioner for compensation;
1. Summary of grounds for appeal;
A. The sentence of the lower court against the Defendant (the first instance judgment: imprisonment with prison labor for a year and six months, and the second instance judgment: imprisonment with prison labor for a period of four months) is too unreasonable.
B. As to the judgment of the court below of the first instance by the prosecutor, part of the crime is to sell Makk.
The sentence of the court below is unfair because it is too uneasible because it has abused the state of national disaster while deceiving, is not good, there are many kinds of records on the defendant, and the sum of the number of crimes and the amount of fraud is considerable.
2. We examine ex officio prior to the judgment on the grounds for ex officio appeal.
The judgment of the court of first instance and the judgment of the court of second instance rendered against the defendant, and the prosecutor filed an appeal against the judgment of the court of first instance against the judgment of the court of first instance, and this court decided to hold a joint hearing of the above two appeals cases. The crimes of the first and second judgment against the defendant are concurrent crimes under the former part of Article 37 of the Criminal Act, and thus one sentence should be imposed pursuant to Article 38(1) of the Criminal Act. Thus, the part of the judgment of the court of second instance except the rejection of the application for compensation among the judgment of the court of first and second, which
In addition, in the first instance trial, the prosecutor applied for the amendment of the indictment with the content that the total amount of KRW 13,132,000 in the attached list 13,44 shall be changed to KRW 12,862,00 in the total amount of KRW 13,132,00 in the attached list of crimes among the facts charged in the first instance trial, and the judgment of the court below shall no longer be maintained in this respect, as the subject of the judgment was changed by this court's permission.
3. As such, the judgment of the court below Nos. 1 and 2 on the ground that there exists a ground for reversal of the above authority, the part of the judgment of the court below excluding dismissal of application for compensation among the judgment of the court below Nos. 1 and 2 pursuant to Article 364(2) of the Criminal Procedure Act shall be reversed, and the following is again decided after pleading.
[Judgment which is used again] Summary of facts constituting a crime and evidence shall be the court.