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All judgment of the court below shall be reversed.
Defendants shall be punished by imprisonment for one year and two months.
except that the defendant O.
Reasons
1. The summary of the grounds for appeal (the imprisonment of one year and eight months with prison labor to Defendant B at the judgment of the court of first instance, and four months, and one year and two months with prison labor to Defendant B at the judgment of the court of second instance) is unreasonable.
2. Prior to the judgment on the grounds of ex officio appeal against Defendant B, this paper examined ex officio.
Defendant
The judgment of the court of first instance and the judgment of the court of second instance against B filed an appeal against them, and each of the above two appeals cases was decided in the court of first instance to concurrently examine them. Each of the offenses of the court of first instance and second appeal against Defendant B is one of the concurrent offenses under the former part of Article 37 of the Criminal Act, and thus, one of the offenses against Defendant B should be sentenced pursuant to Article 38(1) of the Criminal Act. Thus, the judgment of the court of second and second appeal against Defendant B cannot be maintained.
3. The circumstances are as follows: (a) the Defendant’s judgment on the DefendantO is a large amount of money obtained by deception from the victim on three occasions by forging a written confirmation of the fact of lease; (b) the fact that the sum of the amount acquired by deceptions from the victim on three occasions exceeds KRW 240,000,000 by deceiving the victims by using the documents made by pretending that the lessee resides without compensation; (c) the damage recovery part, excluding the amount partially repaid to the Korea Housing Finance Corporation by the new bank and the subrogation of the victim; (d) the victim’s application for an auction on the Defendant’s property; (e) the agreement of the new victim bank was made by subrogation; and (e) the amount of repayment made to the Korea Housing Finance Corporation by the Captain was paid eight times more than the actual obligation; and (e) the victim appears to have suffered considerable economic and mental damage as the other party to the lawsuit due to a written confirmation of the fact of forgery by the Defendant.
However, the crime of this case by Defendant O on December 23, 2015.