Text
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for two years.
Reasons
1. The summary of the grounds for appeal (the first instance court: imprisonment with prison labor for a year and six months, and the second instance: imprisonment with prison labor for a year) of the lower court is too unreasonable;
2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the judgment of the first and the judgment of the second court against the defendant was rendered, and the defendant filed an appeal respectively. The court decided to hold concurrent hearings of the above two appeals cases. The crimes of the first and second judgment 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 second and the second judgment cannot be maintained as they are.
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 unfair argument of sentencing, and the judgment of the court below is reversed, and it is again decided as follows through 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 that of each corresponding column of each judgment below. Thus, it is accepted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 347(1) of the Criminal Act applicable to the facts constituting an offense (the fraud of the first instance judgment, the fraud of the second instance judgment, and the fraud of the second instance judgment, as stated in paragraph (1)), Articles 347(1), 30 (the fraud of the facts constituting an offense of the second instance judgment, as stated in paragraph (2) of the same Article) of the Criminal Act, and the selection of each fine
1. The circumstance in which the person who received the instant fraud was larger than the victim and did not reach an agreement with the victim is the circumstances unfavorable to the Defendant, such as the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act that aggravated concurrent crimes.
On the other hand, the confession and rebuttal of the defendant, the first offense, the damage to the victim's new consultation was restored to substitute, and in relation to the victim C, the defendant partly repaid the damage, and the real estate owned by the defendant.