사기
All of the judgment of the court below except for a compensation order shall be reversed.
Defendants shall be punished by imprisonment for two years.
1. The summary of the grounds for appeal (e.g., the defendant A - the first judgment of the court below): Imprisonment with prison labor for two years and six months: the second judgment of the court of the court of the appeal; imprisonment for three months; the defendant B - the first judgment of the court of the court of the court of the appeal: imprisonment for two years; imprisonment for two years; and imprisonment for three months) for the defendants
2. Upon ex officio determination, the court of original judgment Nos. 1 and 2: (a) completed separate hearings against the Defendants by the court of this Court No. 2012 order 5259, 6049 and 6807 and by the court of this Court No. 2013 order 103, respectively; and (b) for the Defendants, the court of original judgment No. 1
In the same sentence as stated in the paragraph, the defendants filed an appeal against each of the above judgments, and the court of the court of the first instance decided to consolidate the above two appeals cases. Each of the offenses against the defendants in the judgment of the court of the court below in the first and second concurrent crimes under Article 37 of the Criminal Act should be sentenced to a single sentence within the scope of a limited term of punishment, under Article 38(1) of the Criminal Act, in the concurrent crimes under Article 37 of the Criminal Act. Accordingly, the judgment of the court below against the defendants cannot be reversed.
3. Accordingly, the judgment of the court below is reversed under Article 364(2) of the Criminal Procedure Act without examining the Defendants’ assertion of unfair sentencing, and the part of the judgment below excluding the compensation order among the judgment below under Article 364(2) is reversed, and it is again decided as follows.
(However, the second part of the judgment of the first instance is a clerical error in the L, and thus, it shall be corrected in accordance with Article 25 of the Regulations on Criminal Procedure). (D) The summary of the facts constituting an offense and evidence recognized by the court is as stated in each corresponding column of the judgment of the court below, and thus, it shall be accepted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the selection of punishment;
1. The Criminal Code for the Aggravation of Concurrent Crimes