Text
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for not less than eight months.
Reasons
1. The summary of the grounds for appeal (in the first instance: Imprisonment with prison labor for eight months and the second instance: imprisonment with prison labor for one month) of the lower court is too unreasonable;
2. The judgment of the first and second court on the defendant's ex officio judgment was rendered, and the defendant filed an appeal against the first and second judgment on the judgment of the court below, and the court decided to hold the above two cases together.
Since the first and second court's crimes against the defendant are concurrent crimes under the former part of Article 37 of the Criminal Act, one punishment should be sentenced pursuant to Article 38 (1) of the Criminal Act, the first and second court's judgment cannot be maintained as it is.
3. The judgment of the court below is reversed under Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment of the court below is again decided as follows.
【Reasons for the Judgment of the Supreme Court which has been written] The summary of facts constituting a crime and evidence recognized by the court is the same as the corresponding column of each judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure
Application of Statutes
1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes;
1. The scope of punishment by law: Imprisonment for one month to fifteen years;
2. Reduction elements of less than KRW 100,00 [type 1] of fraud according to the sentencing guidelines (type 1]. In the event that punishment is not granted or significant damage is recovered, the court below shall reimburse 183,00,000 won at the stage of the original judgment from among the total damage amount of KRW 2.562,100,000, and shall reimburse 197,000 won at the stage of the appellate judgment. [The area of recommendation and the scope of recommendation] mitigation range, one month to one year.
3. The crime of this case by which the Defendant committed the crime of fraud against multiple victims within a short period of time.