사기등
We reverse the judgment of the court below.
A defendant shall be punished by imprisonment for three years.
1. The summary of the grounds for appeal (the first instance court: imprisonment with prison labor for 2 years and 6 months, and the second instance court: imprisonment with prison labor for 1 years and 6 months) of the lower court is too unreasonable;
2. The grounds for appeal are examined ex officio before the judgment is made.
The court of the first and second instances of appeal against the defendant was tried concurrently, and the first and second cases of appeal against the defendant were tried, and each offense of the first and second cases of appeal against the judgment is related to concurrent crimes under the former part of Article 37 of the Criminal Act, and should be punished as a single sentence within the term of punishment for aggravated concurrent crimes under Article 38(1) of the Criminal Act.
Therefore, the judgment of the court below is no longer maintained.
3. The judgment of the court below is reversed ex officio, and the judgment below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and it is again decided as follows.
Criminal facts
The main points of the judgment of the court below are as follows.
Application of Statutes
1. Relevant provisions of the Criminal Act and Articles 231 (the point where private document is used), 234, 231 (the point where private document is used), 34, and 231 (the point where private document is used), and 347 (1) (the part where the crime is used, net Q and AX is added to Article 30 of the Criminal Act), 228 (1), 30 (the point where private electronic document, etc. is reproduced), 229, 228 (1), and 30 (the point where private document, etc. is used), and 229, 228 (1), and 30 (the point where private document, etc. is used) of the Criminal Act concerning the crime, and the choice of imprisonment or imprisonment;
1. It is not appropriate to commit the crime by forging a lease agreement or by deceiving the money as security on several occasions with the reason for sentencing Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Code for the aggravated concurrent crimes.
Although there are several records of punishment for the same crime, recidivism was made.
On the other hand, the defendant recognized his mistake and reflected his mistake.
With respect to the victim N, substantial damage has been restored by paying the amount equivalent to the principal, and with respect to the victim BB, the execution procedure against the accomplice AX side is conducted.