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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
Reasons
1. The gist of the grounds for appeal is too unreasonable that the original court’s imprisonment (one year of imprisonment) is too unreasonable.
2. Prior to the judgment on the assertion of unfair sentencing by the Defendant on the grounds of ex officio determination, the records show that the lower court rendered a decision to consolidate the cases of 2014 Highest 2164 and 2014 Highest 255 on November 12, 2014 on the date of the third trial of November 12, 2014, and concluded pleadings after the examination of evidence, but the court omitted the judgment on the facts charged in the combined 2014 Highest 2555 and sentenced the punishment only for the concurrent crimes and attempted crimes in the relation of substantive concurrent crimes. In this regard, the lower judgment cannot be maintained further.
3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is again decided as follows through pleading.
Criminal facts
The summary of the evidence and the facts of the crime acknowledged by this court are as follows: at the end of the crime column of the first instance judgment on September 13, 2013, the defendant agreed to lease for 48 months the 300C car owned by the Victim Capital Co., Ltd. and to pay the lease fees of 1,394,100 won as of the 21st day of each month, at the Sller shop located in Goyang-si, Goyang-si around September 13, 2013.
However, on August 3, 2010, the Defendant did not have the ability or intent to pay rent of KRW 1,394,100 every month, such as the Defendant’s house located in the Defendant’s possession over auction and around August 3, 2010 to pay taxes of KRW 23,641,00.
The Defendant, by deceiving the victim as above, received the said car from the victim around September 13, 2013, and around that time, did not use the said car and pay the rent equivalent to KRW 15,335,100 in total, from around that time until being detained due to the crime of attack around August 26, 2013.