특정경제범죄가중처벌등에관한법률위반(사기)등
The judgment of the court of first instance and the judgment of the court of second instance are reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
except that this shall not apply.
Summary of Grounds for Appeal
The punishment of the first and second judgment (the first judgment: imprisonment with prison labor for August and the second judgment: the imprisonment with prison labor for one year) declared by the court below is too unreasonable.
The first and second court rendered a judgment of ex officio, after having completed a separate hearing on the defendant, and the court decided that all these appeals cases appealed by the defendant will be tried together.
All of the judgment below's crimes are concurrent crimes under the former part of Article 37 of the Criminal Act, and a single sentence shall be imposed within the term of punishment subject to aggravated concurrent crimes pursuant to Article 38 (1) of the Criminal Act. In this regard, the judgment of the court of first and the judgment of the court of second instance cannot be maintained.
3. Accordingly, the judgment of the court of first and second instance on the grounds of ex officio reversal as seen earlier, without examining the Defendant’s assertion of unfair sentencing, are reversed in accordance with Article 364(2) of the Criminal Procedure Act, and the judgment of the court of first and second instances are reversed, and the judgment below is reversed and it is decided as follows
Criminal facts
The summary of the facts of the crime recognized by this court and the summary of the evidence are as follows: "The defendant was sentenced at the Seoul Central District Court to a suspension of execution of one year of imprisonment at the Seoul Central District Court on November 12, 2008 and the judgment was finalized on November 20, 2008; the judgment was finalized on October 14, 2010 after being sentenced to two years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) on November 19, 2009; the judgment was finalized on November 10, 2010; the judgment was finalized on November 6, 2011 after being sentenced to eight months of imprisonment for fraud on November 10, 201; and on February 19, 2013, after being sentenced to a suspended execution of six months of imprisonment for fraud at the District Court of Seoul Central District Court on February 19, 2013; and the judgment was finalized on February 27, 2013."