The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 800,000.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal that the court below rendered is unreasonable because the punishment (the amount of KRW 800,000) imposed by the court below is too unhued.
2. Prior to the judgment on the grounds for appeal by the prosecutor ex officio, the records of this case show that the Defendant was sentenced to six months of imprisonment with prison labor for fraud at the Seo-gu District Court Branch Branch on December 10, 2015, and the above judgment became final and conclusive on January 25, 2016. As such, the crime of this case and the crime of fraud for which judgment became final and conclusive as above are in the relation of concurrent crimes with the crime of this case after Article 37 of the Criminal Act, by taking into account the case of concurrent crimes under Article 39(1) of the Criminal Act and the equity, and after examining whether to reduce or exempt the punishment, the judgment of the court below cannot be maintained in this respect.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's improper assertion of sentencing, and the judgment below is reversed and it is again decided as follows.
The summary of the facts constituting a crime and the evidence admitted by this court is as follows: “The Defendant was sentenced to six months of imprisonment for a crime at the Seoggu District Court’s Branch on December 10, 2015, and the judgment became final and conclusive on January 25, 2016” in the first head of the crime history of the judgment of the court below; and “1. previous records: the Defendant’s original records: the Defendant’s court testimony at the trial, the results of the case search, and the copies of the judgment” are as stated in each corresponding column of the judgment of the court below, except for addition of “each description of the original records” in the column of the evidence. Therefore, all of them are cited pursuant to Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 347 of the Criminal Act and Article 347 (1) of the Criminal Act and the choice of fines for the crime;
2. The first sentence of Article 39 (1) of the Criminal Act concerning the treatment of concurrent crimes: Provided, That the first sentence of Article 37 (1) shall apply;
3. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes against victims G with heavy penalty).