특정경제범죄가중처벌등에관한법률위반(사기)등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for four years.
1. The summary of the grounds for appeal is unreasonable because the sentence (No. 1: imprisonment with prison labor for 4 years; imprisonment with prison labor for 2 years; 4 months) of the lower court against the Defendant is too unreasonable, considering that the Defendant’s mistake in depth is divided.
2. Prior to the judgment on the grounds for appeal, the judgment of the first and second judgment against the defendant was rendered ex officio, and the defendant filed an appeal against them, and this court decided to hold concurrent hearings of the above two appeals cases. Since 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, one punishment should be imposed in accordance with Article 38(1) of the Criminal Act, the judgment of the court of first and second judgment cannot be maintained as they are.
3. If so, the court below's judgment Nos. 1 and 2 is reversed in its entirety pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is reversed in its entirety, and it is again decided as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are as shown in each corresponding column of the judgment of the court of first and second instance. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 347(1) of the Criminal Act applicable to the crime and Article 347(1) of the Criminal Act (in the case of fraud, fraud against victim K), Article 2(2) and (1) of the Control of Illegal Check Control Act (in the case of default on payment after the issuance of a check), Article 2(1)2 of the Control of Illegal Check Control Act (in the case of the issuance of an illegal check) and the choice of imprisonment for each of the types of punishment;
1. Grounds for sentencing among concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes prescribed in the crime of fraud against AW of the largest criminal situation);
1. Scope of punishment: Imprisonment with prison labor for one month to 15 years;
2. Scope of recommendations;
(a) each;