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All of the first and third original judgments shall be reversed.
A defendant shall be punished by imprisonment for six months.
Defendant.
Reasons
1. Summary of grounds for appeal;
A. As to the crime of fraud of the first judgment on the erroneous determination of facts, the victim Q received from the defendant the registration of ownership transfer of the Z forest in Chungcheongnam-gun, Chungcheongnam-gun, and delivered the two of the instant automobiles to the defendant as the purchase price. Of the instant two vehicles, it is impossible to trade the street car with the vehicle owned by the rental car company. The two of the instant automobiles are subject to attachment registration exceeding the vehicle price, and thus it is impossible to trade normally.
Accordingly, the facts charged in the instant case that the Defendant was issued two automobiles by deceiving Q to sell the instant two automobiles to the victim Q does not constitute the facts charged.
B. The sentencing of the lower court (the imprisonment of the first instance judgment, the imprisonment of the second instance judgment, the imprisonment of the second instance judgment, and the imprisonment of the third instance judgment) is too unreasonable.
2. Prior to the judgment on the grounds for appeal by the defendant's ex officio judgment following the consolidation, the above court 2013No1830 cases against the judgment of the court of first instance, which are the appellate cases against the judgment of the court of first instance, and the above court 2013No2708 cases against the judgment of the court of first instance were consolidated in the oral proceedings. Each of the above judgment of the court below against the defendant was in a concurrent relationship under the former part of Article 37 of the Criminal Act, and should be sentenced to a single sentence within the term of punishment for aggravated concurrent crimes under Article 38 (1) of the Criminal Act. In this regard, all of the judgment of the court below cannot be exempted from reversal.
(However, the defendant was sentenced to six months of imprisonment for fraud at the Incheon District Court on December 17, 2008 and two years of suspension of execution, and the above judgment was finalized on June 15, 2010. The crime of the second judgment committed from May 2009 to August 2009 cannot be deemed to be in the concurrent relation between the first and third judgment due to the above final judgment and the third judgment under the former part of Article 37 of the Criminal Act. However, even if there were the above reasons for ex officio destruction, the defendant's assertion of mistake of facts concerning the first judgment of the lower court is still this.