사기등
The judgment below
Part of the compensation order, except the compensation order, shall be reversed.
A defendant shall be punished by imprisonment for one year.
1. The sentencing of the lower court (one year of imprisonment) is too unreasonable as the gist of the grounds for appeal is too unreasonable.
2. Before the judgment on the grounds for appeal by the Defendant ex officio, the lower court ex officio examined the “attached Table” in the criminal facts of the case No. 2013Ma636 against the Defendant, but the lower court committed an unlawful act that affected the conclusion of the judgment by omitting the attached Form (No. 2, No. 15 of the lower judgment), and by failing to specify the criminal facts by omitting the attached Form. This part of the criminal facts and the remainder of the criminal facts for which the lower court found guilty should be sentenced in a concurrent criminal relationship under the former part of Article 37 of the Criminal Act. In this regard, the lower judgment cannot be maintained further
3. Accordingly, the judgment of the court below is reversed without examining the defendant's assertion of unfair sentencing, and the part of the court below's judgment excluding compensation order under Article 364 (2) of the Criminal Procedure Act is reversed, and it is again decided as follows through pleading.
Criminal facts
The summary of the facts charged and the summary of the evidence admitted by this court are as shown in the corresponding column of the judgment below, except for the addition of the "attached sheet" omitted in the judgment below as shown in the attached Form. Therefore, it shall be cited as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Articles 347(1) (Fraud) and 347(1) of the Criminal Act, Article 213 of the Criminal Act, Articles 234 and 231 of the Criminal Act, the choice of imprisonment for a crime, the choice of a punishment
1. From among concurrent crimes, it is recognized that the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act recognize all of the crimes of this case, the Defendant reflects his mistake, and the Defendant discharged the victim C with KRW 14 million out of the amount of damage.
However, the defendant has been punished by imprisonment and suspended execution on several occasions due to the same crime.