사기
The judgment of the court below is reversed.
As to the crime No. 1 in the judgment of the defendant, a fine of 2,00,000 won, and the crime No. 2 in the judgment.
1. The main point of the grounds for appeal is that the sentencing of the lower court (a fine of four million won) is too unreasonable.
2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the records show that the defendant was sentenced on December 22, 2009 by the Busan District Court for the violation of the Act on the Control of Narcotics, etc. (fence) and on May 27, 2010. As such, the crime of fraud of September 11, 2009 among the crimes of violation of the Act on the Control of Narcotics, etc. (fence) and each of the crimes of violation of the former part of Article 37 of the Criminal Act, which became final and conclusive, is a concurrent crime under the latter part of Article 37 of the Criminal Act. Thus, the judgment of the court below should be determined separately after reviewing the cases where the judgment is concurrently made under Article 39(1) of the Criminal Act and the equality is considered and the mitigation or exemption of the sentence is also considered and a single sentence is imposed on the grounds that each of the crimes as stated in the judgment belongs to concurrent crimes under the former part of Article 37
3. If so, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and it is again decided as follows.
Criminal facts
The summary of the facts constituting the crime and the evidence acknowledged by this court is as stated in each corresponding column of the judgment below, except for adding "the defendant is sentenced on December 22, 2009 to imprisonment with prison labor of one year and six months for the violation of the Act on the Control of Narcotics, etc. at the Busan District Court on May 27, 2010 and its judgment becomes final and conclusive on May 27, 2010", and therefore, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the selection of punishment;
1. Crimes of Articles 37 (latter part) and 39 (1) of the Criminal Act and crimes of Article 1 of the Criminal Act, and May 27, 2010.