사기
We reverse the judgment of the court below.
Defendant shall be punished by a fine of KRW 8,000,000.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal by the defendant is against the defendant's mistake, the fact that the defendant commits a crime against alcohol addiction treatment, and the fact that the amount acquired by the victims is merely 1.5 million won in total, and each of the crimes of this case must be considered at the same time in relation to concurrent crimes with the crimes that have already become final and conclusive. In light of the fact that each of the crimes of this case should be considered at the same time in relation to the crimes of this case, the first judgment of the court of first instance that sentenced a fine of KRW 1,50,000, which sentenced to KRW 1,000,000, the third judgment of the court of first instance that sentenced to KRW 3,00,000, which sentenced to KRW 4,000, which sentenced to KRW 1,000, fine of KRW 5, fine of KRW 200,000, fine of KRW 6, which sentenced to KRW 00,000, respectively, is unreasonable.
2. Prior to the determination of the grounds for appeal on the grounds of appeal, as each of the judgment below's respective cases are merged in the trial, each of the crimes in the judgment of the court below is a concurrent crime under the former part of Article 37 of the Criminal Act, and shall be judged concurrently and sentenced to a single punishment pursuant to Article 38 of the Criminal Act. In this regard, the judgment of the court below cannot be maintained any more.
3. The lower court’s conclusion is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act without examining the Defendant’s assertion of unfair sentencing, and further decided as follows.
Criminal facts
The summary of the criminal facts and evidence of the defendant are identical to the corresponding column of the judgment of the court below in addition to correcting "19,800 won" in paragraph (5) of the judgment of the court of the court of the third instance [2014 High Court Decision 1565] as "19,800 won". Thus, all of them are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article of the Criminal Act and each fraud in the judgment of the choice of punishment against the crime: Article 347 (1) of the Criminal Act and the selection of fines;
1. The former part of Article 37 of the Criminal Code to increase concurrent crimes;