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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 (the first judgment: imprisonment with prison labor for 10 months and the second judgment: imprisonment with prison labor for 2 months) of the original judgment is too unreasonable.
2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the defendant appealed against the judgment below, and the court decided to concurrently examine each of the above appeals cases.
However, since each of the crimes in the decision of the court below against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act, a single sentence should be sentenced within the scope of a limited term of punishment under Article 38(1) of the Criminal Act.
In this respect, the judgment of the court below can no longer be maintained.
3. If so, the judgment of the court below is based on the above reasons for reversal of authority. Thus, without examining the defendant's assertion of unfair sentencing, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act, and the following is decided again through pleading. It is so decided as per Disposition.
Criminal facts
The summary of the evidence and criminal facts against the defendant recognized by this court and the summary of the evidence are as stated in each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of the Criminal Act, Articles 347(1) and 30 of the Criminal Act, Article 347(1) of the Criminal Act, Article 347(1) of the Criminal Act, and the choice of imprisonment with prison labor, respectively;
1. Among concurrent offenders, each of the crimes of this case in the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act provides false income data, such as a certificate of employment, using the personal information of the client who did not have financial ability to repay, and obtain a loan from the installment financing company in the name of the applicant for the loan, and prepare a cash using a so-called "vehicle-to-be" method, which disposes of the vehicle, and then disposes of it by so-called "vehicle-to-