횡령
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 2,000,000.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal (unfair sentencing) by the lower court is too unreasonable as the penalty (2 million won) imposed by the lower court is too unreasonable.
2. We examine ex officio prior to judgment on the grounds for ex officio appeal.
According to the records, the Defendant was sentenced to eight months of imprisonment for fraud at the Seoul Eastern District Court on July 13, 2018, and the above judgment became final and conclusive on October 12, 2018 (Seoul Eastern District Court Decision 2017Ma1616, Seoul Eastern District Court Decision 2018No368, and Supreme Court Decision 2018Do12173). Accordingly, the Defendant’s offense against the Defendant is in the concurrent relationship between the above judgment and the latter part of Article 37 of the Criminal Act and the crime under Article 39(1) of the Criminal Act, and the sentence should be imposed in consideration of equity with the case where the judgment is rendered at the same time, and the lower court, without considering this, was unable to maintain any further.
3. The court below's decision is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and it is again decided as follows after pleading.
[Grounds for the new judgment] The summary of the facts constituting the crime and the evidence admitted by the court below and the summary of the evidence are as follows: under the first page of the judgment of the court below, the "the person for whom the above judgment has become final and conclusive," changed to "the person for whom the above judgment has become final and conclusive on July 13, 2018, who was sentenced to eight months by imprisonment for fraud at the Seoul Eastern District Court on July 12, 2018, and the above judgment has become final and conclusive on October 12, 2018," and "the summary of evidence" to "1.
Application of Statutes
1. Article 355 of the Criminal Act applicable to the crime, Article 355 (1) of the Criminal Act, the selection of fines, and the selection of fines;
1. The Criminal Act dealing with concurrent crimes;