사기등
The part of the judgment of the court of first instance and the judgment of the court of second instance against the defendant shall be reversed.
A defendant shall be punished by imprisonment for one year.
1. The decision of the court below (the first instance court: imprisonment with prison labor for 6 months, and the second instance court: imprisonment with prison labor for 10 months) is too unreasonable.
2. Ex officio determination, the defendant appealed against the judgment of the court below Nos. 1 and 2, and this court decided to consolidate the above two appeals cases. The crime of the judgment of the court of first instance and the crime of the judgment of the court of second instance in the judgment of the court of second instance against the defendant shall be sentenced to a single sentence in accordance with Article 38(1) of the Criminal Act, since the crime of the judgment of the court of second instance and the crime of the judgment of the court of second instance in the judgment of the court of second instance are concurrent crimes under the former part of Article 37 of the Criminal Act, and therefore the part against the defendant
3. The judgment of the court below Nos. 1 and 2 is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and the part against the defendant among the judgment of the court below No. 1 and the judgment of the court below No. 2 is reversed, and the following is again decided, without examining the defendant's unfair argument about sentencing.
【Grounds for another judgment】 The facts constituting an offense and summary of evidence recognized by the court are identical to the facts constituting an offense and summary of evidence in the judgment of the court of first instance and the judgment of the court of second instance, and the relevant facts constituting an offense and summary of evidence are identical to the facts in each corresponding column of the judgment of the court of second instance, thereby
Application of Statutes
1. Article 347(1) of the Criminal Act applicable to the crime and Article 347(1) of the choice of punishment for each type of crime (the fraud) and Article 80 Subparag. 2 and Article 12(3) of the former Automobile Management Act (amended by Act No. 13686, Dec. 29, 2015) (amended by Act No. 13686) of the same Act / [the second instance [782] of the annexed crime No. 1-B of the annexed crime No. 1-B of the attached Table No. 2 of the annexed crime No. 1-B of the same Act (the second instance court below 2017 height 905], the transfer of each name under Article 80 Subparag. 2 and Article 12(3) of the Automobile Management Act (the second instance court below / [202] and the transfer of each of the annexed Table No. 1-21 to 20-18(b) of the previous Table No. 2017