사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
However, for a period of two years from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal (ten months of imprisonment and two years of suspended execution) imposed by the court below on the defendant is deemed to be too uneasible and unfair.
2. Ex officio determination: (a) According to the records of this case, on November 20, 2013, the Defendant was sentenced to one year of imprisonment with prison labor and two years of suspension of execution for a crime of fraud in the Jinwon District Court's Jinwon District Court's Jinju branch on November 20, 2013; and (b) on November 28, 2013, the above judgment was sentenced to two years of suspension of execution for April in the Daegu District Court's Seo branch branch for a crime of fraud and became final and conclusive on December 13, 2013; and (c) as above, each of the crime of fraud and this case for which judgment has become final and conclusive are related to the latter concurrent crimes under Article 37 of the Criminal Act, and after examining whether to reduce or exempt the sentence, the lower judgment is no longer maintained.
3. Accordingly, the court below's decision is reversed pursuant to Article 364 (2) and (6) of the Criminal Procedure Act without a need to decide on the prosecutor's allegation of unfair sentencing, on the grounds of the above ex officio reversal, and it is again decided as follows.
Criminal facts
The summary of the facts constituting a crime recognized by the court and the summary of the evidence are as follows: "The defendant is sentenced to one year of imprisonment with prison labor and two years of suspended execution from the Jinwon District Court's Jinwon Branch on November 20, 2013; the above judgment was finalized on November 28, 2013; two years of suspended execution was sentenced to two months of imprisonment with prison labor from the Seogwon Branch Branch of the Daegu District Court on November 8, 2012 for fraud; the above judgment became final and conclusive on December 13, 2013; and "1................"
Application of Statutes
1. Relevant Articles of the Act concerning the facts constituting the crime;