사기등
All judgment of the court below shall be reversed.
Defendant shall be punished by imprisonment for a term of one year and six months.
1. The summary of the grounds for appeal that the court below sentenced to the defendant [1.1.2 months of imprisonment (1.2 months of imprisonment) and 6 months of imprisonment (2.2 months of imprisonment)] are too unreasonable.
2. Examination ex officio prior to the judgment on the grounds for appeal by the defendant for an ex officio judgment.
The judgment of the court of first instance and the judgment of the court of second instance rendered each of the above judgment against the defendant, and the defendant filed an appeal against all of the above judgment of the court of first instance and this court decided to hold concurrent hearings. The above judgment of the court of first instance against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act and a single punishment should be imposed in accordance with Article 38(1) of the Criminal Act. In this regard, the judgment of the court of first instance cannot be maintained
3. Accordingly, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument about sentencing, and the judgment below is reversed in entirety, and it is again decided as follows after pleading.
【The reasoning of the judgment which is used again 【The facts constituting a crime and the summary of the evidence recognized by the court below and the summary of the evidence are cited in accordance with Article 369 of the Criminal Procedure Act, except for the alteration of “1. The defendant’s partial statement” in the summary of the evidence as “1. The defendant’s oral statement at the court of the first instance” into “the defendant’s own court of the first instance.”
Application of Statutes
1. Relevant provisions of the Criminal Act and Article 347(1) of the Criminal Act (including fraud and each victim), Article 2(2) and (1) of the Control of Illegal Check Act, and the choice of imprisonment with labor for each of the following categories:
1. Article 35 of the Criminal Act for aggravated repeated crimes (each crime of fraud and each violation of the Control of Illegal Check Check Act on January 1, 2017, respectively)
1. Article 37 (former part), Article 38 (1) 2, and Article 50 (1) of the Criminal Act that aggravated concurrent crimes led to the conviction of the defendant, and all of the crimes are led to the conviction of the defendant.