횡령등
The judgment below
The part of the accused case shall be reversed.
A defendant shall be punished by imprisonment for not less than eight months.
The summary of the grounds for appeal by the defendant is that the sentence of the court below which sentenced one year to the defendant is too unreasonable.
Before determining this, according to each of the judgments in the judgment of the court below, the defendant's trial statement and Konet case search, Sugnet case search, Sugnet case support 2014Kadan1614, the Suwon District Court was sentenced on March 12, 2015 to 10 months and the above judgment became final and conclusive on July 10, 2015. Since the between the established fraud and each of the crimes of this case are in the concurrent crimes under the latter part of Article 37 (1) of the Criminal Act, the punishment for the crime of this case shall be determined at the same time in consideration of the case and equity under Article 39 (1) of the Criminal Act. In this regard, the part of the judgment of the court below against the defendant was unable to be maintained any more.
Therefore, pursuant to Article 364(2) and (6) of the Criminal Procedure Act, the part of the judgment below regarding the accused case shall be reversed ex officio, and the following decision shall be rendered as follows.
[C] The summary of criminal facts and evidence against the defendant recognized by this court is as follows: "The defendant was sentenced on March 12, 2015 to 10 months in imprisonment with prison labor for fraud in the Suwon District Court, and the above judgment became final and conclusive on July 10, 2015 in the front part of the criminal facts of the judgment of the court below; and "1. A previous conviction in the last part of the judgment in the summary of the evidence": The defendant's statement in the trial of the court, the Konetnet case search, the Suwon District Court inside of the court below's own corresponding column except for adding "the defendant's statement in the last part of the judgment of the court of the court," and therefore, it is identical to each corresponding column of the judgment of the court below.
Application of Statutes
1. Relevant Article 355 (1) of the Criminal Act for the crime concerned, Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act;
1. Each of Articles 40 and 50 of the Criminal Code of Trade and Trade.