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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 (No. 1: Imprisonment with prison labor for 2 years and 2 months, and imprisonment with prison labor for 4 months) of the lower court is too unreasonable.
2. Before deciding on the grounds for appeal by the defendant ex officio, the court of first instance and the court of appeal held the defendant jointly with the case of appeal by the court of first instance and second instance. Each of the above defendants' first and second cases of appeal by the court of first instance are concurrent crimes under the former part of Article 37 of the Criminal Act, and each of the above defendants' first and second cases of appeal is concurrent crimes under the former part of Article 37 of the Criminal Act, and should be punished with a single sentence within the term or amount of punishment for which concurrent crimes are aggravated
Therefore, the judgment of the court below is no longer maintained in this respect.
3. Accordingly, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and it is again decided as follows.
Criminal facts
The summary of the facts charged and the evidence admitted by the court is identical to each of the corresponding columns of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the selection of criminal facts;
1. The reasons 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 as follows: (a) the Defendant committed the instant crime while committing the instant crime; and (b) the victims of the instant case have repaid the damage to I among the victims; and (c) the victim was the Defendant’s wife.
However, the crime of this case is a serious financial fraud which is systematically and systematically conducted by taking many unspecified persons as the object of crime under the so-called Bosing method, and its nature is very poor.
The singing fraud is an imminent and planned way to commit the crime, and it is regulated.