사기
The judgment below
The part against the defendant shall be reversed.
The list of offenses (T, U) in attached Form 1.1.1.
1. In light of the fact that the defendant's appellate brief (unfair sentencing) recognizes the defendant's error and reflects the defendant, and the defendant committed the crime of this case for livelihood, the sentence of the court below that sentenced one year to imprisonment is too unreasonable.
2. We examine ex officio the grounds for appeal ex officio before determining the grounds for appeal.
According to the records, on December 3, 2014, the defendant was sentenced to a suspended sentence of two years for fraud at the Incheon District Court on December 3, 2014, and the judgment became final and conclusive on December 11, 2014.
However, among the crimes of this case, each of the crimes of this case, which are listed in the attached Table (T, U) Nos. 1 through 325 of the judgment of the court below, is in the relation of fraud for which judgment has become final and conclusive and the concurrent crimes of the latter part of Article 37 of the Criminal Act, and should be sentenced separately in consideration of equity between the cases where judgment is to be rendered at the same time pursuant to Article 39(1) of the Criminal Act, but the court below held that the whole of the crimes of this case, which are in a substantive concurrent relationship,
In this regard, the part of the judgment of the court below against the defendant can no longer be maintained.
3. The judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the part of the judgment below against the defendant is reversed and it is again decided as follows after pleading.
Criminal facts
The summary of the criminal facts and evidence of the defendant are the same as the stated in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 347 of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act, and the choice of punishment for a crime;
1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:
1. The reason for sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes.