사기
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for one year.
1. The punishment of the first original judgment against the accused of the gist of the grounds for appeal (unfair punishment) and that of the second original judgment against the accused is too unreasonable; and it is unfair that the punishment of imprisonment is too unreasonable;
2. Ex officio determination of ex officio, the defendant filed an appeal against the first and second original judgments, and this court decided to hold concurrent hearings of the above two appeals cases. Since each of the crimes against the defendant in the first and second original judgments is concurrent crimes under the former part of Article 37 of the Criminal Act and should be sentenced to one sentence pursuant to Article 38(1) of the Criminal Act, the judgment of the court below cannot be maintained any more.
3. Accordingly, the judgment of the court below is reversed without examining the defendant's assertion of unfair sentencing, on the ground that the above reasons for reversal of authority are the above, and it is again decided as follows through the pleading.
Criminal facts
The summary of the judgment of the court below is the same as each corresponding column of the court below's judgment, and it is cited in accordance with Article 369 of the Criminal Procedure Act
Application of Statutes
1. Relevant Article 347(1) of the Criminal Act and the choice of punishment for the crime (in the case of each victim), and the choice of imprisonment;
1. From among concurrent crimes, the crime of this case on the grounds of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act is committed not only by actively deceiving and deceiving the defendant with regard to his occupation, ability to repay, etc., but also by taking account of the fact that the total sum of the amount of defraudation is not sufficient for the crime quality, such as the fact that most damage was not recovered and that most of the damage was not agreed with the victims, and that the defendant recognizes all the criminal facts. The defendant is a primary offender, taking into account the favorable circumstances such as the defendant's age, character and behavior and environment, motive, means and consequence of the crime, and other various circumstances that are the conditions for sentencing specified in the instant case