사기등
All judgment of the court below is reversed.
8,000,000 won for each crime of the first instance judgment.
The summary of the grounds for appeal No. 1 is that the punishment (the penalty amount of KRW 8,00,000) set by the court of the original instance as to the judgment of the court of the original instance is too unreasonable.
On the other hand, although the defendant denies the acquisition and disposition of profits which are part of each crime of fraud among the judgment of the court of first instance, the defendant's assertion that was submitted only after the expiration of the submission period for the reasons for appeal is not a legitimate reason for appeal.
On November 29, 2008, in the judgment of the court below of the second instance, the crime No. 2, in the judgment of the court below, was committed not by intention but by an insurance company, and therefore, the judgment of the court below that found the defendant guilty of this part constitutes the case where the mistake of fact is affected by the judgment of the court below.
In addition, the sentence(4,00,000 won) set by the court of the court below is too unreasonable.
Judgment
Examining the criminal facts of the judgment of the court of the second instance based on the evidence duly adopted and examined on the assertion of facts, it is reasonable and acceptable that the court of the court of the original judgment found the defendant guilty of fraud on November 29, 2008 as stated in its reasoning.
The legal statement of L of the witness at the trial also supports this.
The defendant's assertion that there is a misunderstanding of facts affecting the judgment of the court below is not accepted.
On September 21, 2016, the defendant was sentenced to six months of imprisonment by the Incheon District Court on September 21, 2016 and became final and conclusive on March 14, 2017.
The crime for which the judgment of the court of first instance became final and conclusive is the concurrent crime relation between the crime recognized by the court of first instance and the crime after Article 37 of the Criminal Code
Punishment shall be determined after examining whether to grant concurrent judgment and equality in accordance with Article 39(1) of the Criminal Act and whether to reduce or exempt punishment.
The judgment of the court of first instance, which became final and conclusive after the sentence of the court of first instance, but which does not apply Article 39 (1) of the Criminal Act, can be maintained as it is.