사기
The judgment of the court below is reversed.
Defendant shall be punished by imprisonment for a term of one year and six months.
1. The court below's punishment (one year and six months of imprisonment) is too unreasonable in light of the circumstances such as the defendant's summary of the grounds for appeal was found to be the party against which all of the crimes of this case were recognized, and the defendant intentionally committed the crime of this case, and the victim's negligence was committed, etc.
(2) The judgment of the court below on the establishment of the latter part of Article 37 of the Criminal Act is ex officio as to the establishment of the relationship between the latter part of Article 37 of the Criminal Act.
A. We examine ex officio prior to the judgment on the grounds for appeal by the defendant.
B. In light of the language, legislative intent, etc. of the latter part of Article 37 and Article 39(1) of the Criminal Act, if a crime for which judgment has not yet become final cannot be judged concurrently with a crime for which judgment has already become final and conclusive, the relationship of concurrent crimes under the latter part of Article 37 of the Criminal Act cannot be established, and it is reasonable to interpret that a sentence may not be imposed, or that the sentence may not be mitigated or remitted, taking into account equity
(See Supreme Court Decision 2014Do469 Decided March 27, 2014). C.
According to the evidence duly admitted and investigated by the lower court, the crime of fraud against the victim J (including from May 18, 2015 to March 9, 2016) and the crime of fraud against the victim H (including from May 18, 2015 to March 10, 2016) committed against the victim I (including the crime from May 20, 2015 to May 22, 2015) by the Defendant committed the crime of fraud against the victim I (including the crime from May 20, 2015 to May 22, 2015) in Seosan Branch Branch of the Daejeon District Court, which was sentenced to six months of imprisonment with labor for the same crime on January 12, 2017. However, the Defendant was sentenced to eight months of imprisonment with labor for the same crime, separate from the above criminal offense, and the crime of fraud committed on February 27, 2013, which became final and conclusive by the judgment on February 21, 2017.