특정경제범죄가중처벌등에관한법률위반(사기)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than two years and six months.
1. The prosecutor of the scope of the trial of this court, under the premise that the charge of this case is a single comprehensive crime with regard to the summary that the defendant acquired a total of 3,857,808,50 won from 233 victims, the defendant was prosecuted as a crime of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) by applying Article 3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes and Article 347(1) of
The lower court found the Defendant guilty of fraud by each victim on the ground that the crime of this case, which was prosecuted for violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), is a case where there is no proof of crime, on the ground that the crime of this case was established independently by each victim specified in the facts charged of this case and the total amount acquired by each victim does not exceed 50 million won
However, since only the Defendant appealed against the guilty portion of the judgment below, the acquittal portion of the reasoning was transferred to the court in accordance with the principle of no appeal, but was excluded from the object of the attack and defense between the parties.
Therefore, this Court decides to follow the conclusion of the lower court on the part of acquittal of the above reasons.
2. The sentence imposed by the lower court (three years of imprisonment) on the gist of the Defendant’s appeal is too unreasonable.
3. We examine ex officio the defendant's grounds for appeal prior to determining ex officio.
On October 2, 2018, the Defendant was sentenced to imprisonment of two years and six months and a fine of 800,000,000 won for a violation of the Financial Investment Services and Capital Markets Act at the Seoul Central District Court on October 2, 2018. The judgment became final and conclusive on July 5, 2019, which was after the date the judgment of the lower court was rendered, and the facts that all of the instant crimes were committed before the said judgment became final and conclusive are recognized by the records of the instant case
Therefore, the crime of this case and the above crime for which judgment became final and conclusive are concurrent crimes under the latter part of Article 37 of the Criminal Act.