사기등
The judgment below
Of the judgment of the court below, the part of the 1 to 5 crimes (excluding the part of compensation order) in the judgment of the court below shall be reversed.
The court below held the defendant.
1. The summary of the grounds for appeal (crimes No. 1 and 2 as indicated in the judgment below: Imprisonment with prison labor of one year and two months, and crimes No. 3, 4, and 5 as indicated in the judgment: Imprisonment with prison labor of two years, and crimes No. 6 as indicated in the judgment: Imprisonment with prison labor of two months) is too unreasonable.
2. We examine ex officio the part concerning crimes Nos. 1 through 5 of the judgment of the court below as to crimes Nos. 1 through 5 of the judgment of the court below prior to examining the grounds for appeal by the defendant.
In determining punishment on the part concerning crimes of Articles 1 through 5 in the holding of the lower judgment, the lower court separately determined each punishment on the crimes of Articles 1 and 2, and 3 through 5 in the holding of the lower judgment by viewing that: (a) fraud, etc. for which the judgment becomes final and conclusive on December 17, 2010; (b) fraud for which the judgment becomes final and conclusive on July 2, 201; and (c) fraud, etc. for which the judgment becomes final and conclusive on December 23, 2011 as well as those for which the judgment becomes final and conclusive on December 23, 2011,
However, the part of the crime committed before December 17, 2010, which was the date when the first judgment became final and conclusive among the three crimes finalized against the defendant, is limited to the part of the crime Nos. 3 and 4 in the judgment of the court below, and the part of the crime committed thereafter is the part of the crime Nos. 1, 2, and 5 in the judgment of the court below. In conclusion, the court below separately determines punishment for the crimes Nos. 1, 2, 5, 3, and 4 in the judgment of the court below. However, since the court below erred in otherwise determining punishment, the part of the crime Nos. 1 and 5 in the judgment of the court below
3. Although the defendant's decision on the grounds for appeal as to the part concerning the crime No. 6 of the decision of the court below is divided into his mistake, the defendant committed again this part of the crime without being aware of it even though the defendant was punished for a suspended sentence on three occasions due to fraud, etc. In particular, the crime in this part was committed on December 23, 201 when the judgment became final and conclusive on December 23, 201, and the motive for the defendant committed this part of the crime is not good, and thus, it cannot be said that the sentence of the court below on this part is too unreasonable.