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All the judgment below is reversed.
A list of offenses listed in paragraphs 1 and 3 of the judgment of the first instance court in the judgment of the defendant (3).
Reasons
1. The summary of the reasons for appeal (unfair sentencing: imprisonment with prison labor for two months and imprisonment for one year, and imprisonment with prison labor for two years) of the lower court is too unreasonable.
2. The first and second judgment of the court below rendered each judgment on the defendant's ex officio judgment, and all the defendants appealed, and the court of the court of the first instance decided to hold all the above cases together for a trial.
Of the judgment of the court below of first instance, the crimes of paragraphs 2, 3, 2 through 20, 4, 5, and 7 and the crimes of Articles 38 (1) of the Criminal Act are concurrent crimes under the former part of Article 37 of the Criminal Act, and the crimes of Articles 38 (2) and 38 (3) of the Criminal Act are concurrent crimes. Thus, the judgment of the court below of first and second cannot be maintained.
3. In conclusion, the judgment of the court below against the defendant is reversed in accordance with Article 364(2) of the Criminal Procedure Act, since there are grounds for reversal ex officio as seen above, and the judgment below against the defendant is reversed in accordance with the above Article 364(2) of the Criminal Procedure Act, and without
Criminal facts
The summary of the facts charged and the summary of the evidence admitted by the court are as shown in each corresponding column of the original judgment, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of the Criminal Act, Article 347(1) of the Criminal Act (the point of fraud), Article 355(1) of the Criminal Act (the point of embezzlement), Article 347-2 of the Criminal Act (the point of fraud by computer), and each choice of imprisonment with labor;
1. Subsequent to Article 37 of the Criminal Act dealing with concurrent crimes: Provided, That Article 39 (1) [limited to the crimes under paragraphs (1), (3) of the attached Table of Crimes No. 1, (1), and (6) of the Judgment of the original Judgment]
1. The grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes are contrary to the recognition of the Defendant’s crime, and the lower court made an agreement with some victims of the fraud, and the part of each of the instant fraud crimes.