사기등
All of the first and second original judgments shall be reversed.
A defendant shall be punished by imprisonment for not less than two years and three months.
1. Summary of grounds for appeal;
A. Each punishment sentenced by the court below against the defendant (the first judgment: imprisonment with prison labor for 2 years and the second judgment: imprisonment with prison labor for 3 months) is too unreasonable.
B. Each of the above punishments imposed by the Prosecutor against the Defendant is too unhued and unfair.
2. Prior to the judgment on the grounds for appeal ex officio, the case of appeal against the judgment of the court of first instance, which is the case of appeal against the judgment of the court of second instance, was consolidated in the oral proceedings of the court of second instance, which is the case of appeal against the judgment of the court of second instance. The case of this court of second instance, which is the case of appeal against the judgment of the court of second instance, was consolidated in the oral proceedings of the court of second instance. Each of the crimes recognized by the court of first and second instance against the defendant, is in a concurrent relationship under the former part of Article 37 of the Criminal Act, and should be sentenced to a single punishment within the scope of the term of punishment for aggravated concurrent crimes
3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining each of the alleged unfair sentencing by the defendant and the prosecutor, 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 as shown in each corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 347(1) of the Criminal Act, Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, Article 37 Subparag. 10 of the Resident Registration Act, Article 49(4)1 of the Electronic Financial Transactions Act, and Article 6(3)1 of the same Act, concerning facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. Article 35 of the Criminal Act among repeated crimes;
1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.