사기등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for a term of one year and eight months.
1. The decision of the court below (No. 1: imprisonment with prison labor for a year and two months, and imprisonment with prison labor for a period of ten months) is too unreasonable.
2. Before determining the grounds for appeal as to the defendant's unfair sentencing (ex officio reversal), the appeal case of KRW 1 and 2 against the defendant was consolidated. Each of the crimes in the judgment of KRW 1 and 2 in the first and second instances is in the concurrent relationship with the defendant under the former part of Article 37 of the Criminal Act, and must be concurrently sentenced and sentenced to a single punishment in accordance with Article 38 of the Criminal Act. In this regard, each of the judgment below is unable to be maintained.
3. According to the conclusion, the judgment of the court below is reversed in entirety without examining the defendant's unfair argument of sentencing, and it is again decided as follows through pleading.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of each of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 231 of the Criminal Act (the point of fraud) under Article 347(1) of the Criminal Act (the point of uttering of the above investigation document), Articles 234, 231 of the Criminal Act (the point of uttering of the above investigation document), Article 355(1) of the Criminal Act (the point of embezzlement) (the point of embezzlement), Article 347-2 of the Criminal Act, Article 329(1) of the Criminal Act (the point of fraud by computer) for the criminal facts
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (only between crimes of forging each private document in the name of E and F);
1. Selection of each sentence of imprisonment;
1. According to the first sentence of Article 37, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes, the term of punishment shall be set in consideration of the following favorable circumstances: (a) considering the fact that the amount of damage caused by the sentencing exceeds KRW 200 million and most of the damage has not been recovered; (b) considering the nature of recovery of damage caused in the trial of the party and the fact that some of the damage was agreed with the victim,