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The judgment of the court of first instance and the judgment of the court of second instance are all reversed.
A defendant shall be punished by imprisonment for four years.
Reasons
1. Summary of grounds for appeal;
A. In fact, the Defendant did not defraud the money by deceiving the victim AE, AH, AM, AO, ASS, AY, and Y as stated in the facts charged, such as the facts charged.
B. The punishment of the lower court (No. 1: imprisonment with prison labor for 1 year and 2: imprisonment with prison labor for 3 years) is too unreasonable.
2. Prior to the judgment on the grounds for ex officio appeal, the defendant filed an appeal against the judgment of the court below Nos. 1 and 2, and this court decided to hold concurrent hearings of the above two appeals cases. Each of the crimes of the first and second judgment against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act and a single sentence should be imposed in accordance with Article 38(1) of the Criminal Act. Thus, the judgment of the court below Nos. 1 and 2 cannot be maintained as they are.
3. In conclusion, the judgment of the court below No. 1 and the judgment of the court below No. 2 on the ground that there are grounds for reversal ex officio as seen above. Thus, without examining the defendant's mistake of facts and unfair argument on sentencing, the judgment of the court below No. 1 and No. 2 is reversed pursuant to Article 364 (2) of the Criminal Procedure Act, and the judgment below
Criminal facts
The summary of the facts charged by this court and the summary of its evidence are as follows: the 3rd and 5th and 15th and the 4th and the 9th and the 6th and the 20th and the 20th and the 29th are as follows: “Attachment Schedule of Crimes” in the attached Table 20 of the 6th and the 17th and 29th are as shown in the corresponding column of the judgment of the court below, except for the change of the attached Table 2 of the 7th and the 17th and 29th to the attached Form of the 7th and the 7th and the corresponding column of the judgment of the court below are the same. Thus, this is cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 347(1) of the Criminal Code for criminal facts and for the choice of punishment (the fraud, but Article 30 of the Criminal Code shall be added to the victim limited liability company BW, Caja de qutos credit card company). Articles 352 and 347(1) of the Criminal Code are applicable.