사기등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for two years.
The defendant shall be subject to deception by the applicant.
1. Each sentence (No. 1: Imprisonment with prison labor for 2 years, and imprisonment with prison labor for 1 month) that pronounced by the lower court on the gist of the grounds of appeal is too unreasonable.
2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the defendant filed an appeal against the judgment of the court of first instance and the judgment of the court of second instance on the grounds for appeal by the defendant, and the court of second instance decided to hold concurrent hearings on each of the above appeal cases. Since the facts constituting the above judgment of the court of first instance are concurrent crimes under the former part of Article 37 of the Criminal Act, the judgment of the court below should be rendered concurrently and a sentence should be imposed. Thus, the judgment of the court of
3. Accordingly, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument on the sentencing, and the judgment below is reversed in entirety and it is again decided as follows.
Criminal facts
The summary of the facts constituting an offense and evidence acknowledged by this court is as follows: (a) except for the addition of “the Defendant’s oral statement at the trial court of the first instance” in the part of “the summary of the evidence” of the first instance judgment to “the summary of the 2016 highest order 5937 highest order,” the same as the corresponding column of the lower judgment; and (b) thus, it is cited in accordance with Article 369 of the Criminal Procedure
Application of Statutes
1. Relevant legal provisions of the Criminal Act, Article 347(1) of the Criminal Act (the fraudulent point), Articles 109(1) and 36 of the Labor Standards Act (the point of payment of wages) for criminal facts, and the choice of imprisonment for a set of punishment;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Articles 25 (1), 31 (1) and 31 (2) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits for Compensation Orders;
1. The crime of this case on the grounds of sentencing under Article 31(3) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits, etc. of Sentence of Provisional Execution, is committed by deceiving more than 10 victims by deceiving them for construction cost, fees for certified judicial scrivener, etc.