사기방조등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for one year.
The seized Alopon (No. 1) shall be 1.
1. Each sentence (the first sentence: imprisonment with prison labor for one year, the second sentence: imprisonment with prison labor for six months and the suspended execution for one year) that pronounced in the first and second instances of the grounds for appeal is unreasonable because it is too unreasonable;
2. Prior to the judgment on the grounds for ex officio appeal, the judgment of the first and second court against the defendant was rendered and the judgment of the second court was rendered, and the defendant filed an appeal against them, and this court also decided to hold a joint hearing of the two appeals cases. The crimes of the first and second court decisions against the defendant are concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one punishment should be imposed pursuant to Article 38(1) of the Criminal Act. Thus, the judgment of the court below cannot be maintained as they are.
3. 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 of sentencing, and the judgment below is reversed in its entirety, and the following is again decided after pleading.
[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant legal provisions of the Criminal Act and Articles 347(1) and 32(1) of the Criminal Act regarding criminal facts (a) and the choice of punishment (a crime aiding and abetting fraud, choice of imprisonment), Article 49(4)2 and Article 6(3)2 (a) of the former Electronic Financial Transactions Act (amended by Act No. 17297, May 19, 202) (a)
1. Article 32(2) and Article 55(1)3 of the Criminal Act for mitigation of a punishment for aiding and abetting a person (each crime of aiding and abetting a person by fraud)
1. The aggravated punishment for concurrent crimes provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the aggravated punishment and punishment for concurrent crimes provided for in the crime of aiding and abetting the Z of a victim with the largest penalty);
1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;
1. Scope of punishment by law: Imprisonment with prison labor for one month to seven years;
2. The sentencing guidelines shall be recommended; and