점유이탈물횡령등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 3,000,000.
The above fine shall not be paid by the defendant.
1. The decision of the court below on the summary of the grounds for appeal (a fine of three million won) is too unreasonable.
2. We examine ex officio prior to the determination of unreasonable sentencing.
According to the records, on November 29, 2016, the defendant was sentenced to 6 months of imprisonment with prison labor and 2 years of suspended execution for fraud in the Suwon District Court's Ansan Branch on November 29, 2016 and the judgment became final and conclusive on December 7, 2016.
As above, the crime of fraud for which judgment has become final and conclusive is a concurrent crime under the latter part of Article 37 of the Criminal Act, and the punishment shall be determined after examining whether to reduce or exempt punishment in consideration of equity and equity in cases where it is concurrently decided pursuant to Article 39(1) of the Criminal Act.
Therefore, the judgment of the court below can no longer be maintained.
3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground of the above ex officio reversal, and the judgment below is again decided as follows.
Criminal facts
The summary of the facts constituting a crime and evidence admitted by this court is the first head of the judgment of the court below. "The defendant was sentenced to six months of imprisonment for a crime of fraud, two years of suspended execution, and the judgment became final and conclusive on December 7, 2016 in the summary of the evidence in the judgment of the court below," and except for addition of "the result of the case search and the judgment" to the summary of the evidence in the judgment of the court below, it is identical to each corresponding column of the judgment of the court below, and thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant legal provisions for facts constituting an offense, Article 360(1) of the Criminal Act (the embezzlement of stolen articles), Article 347(1) of the Criminal Act (Fraud), and Article 70(1)3 of the Specialized Credit Finance Business Act (the use of lost credit cards) and the selection of each fine;
1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;
1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act.