사기
The judgment of the first instance is reversed.
Defendant shall be punished by a fine of KRW 3,000,000.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal (e.g., a fine of 4 million won) of the first instance court's sentencing (e.g., a fine of 4 million won) against the accused is too unreasonable.
2. Before the judgment on the grounds for appeal by the Defendant’s ex officio, the record reveals that the Defendant, on May 2, 2012, was sentenced to imprisonment with prison labor for four months and one year of suspended execution for a crime of fraud at the Busan District Court on September 20, 2012, and the said judgment became final and conclusive on September 20, 2012, and the Defendant, on August 21, 2015, sentenced eight months to imprisonment with prison labor at the Seoul Central District Court for a crime of fraud at the Seoul Central District Court on October 16, 2015.
Since the above judgment and the crime of fraud of this case are concurrent crimes under the latter part of Article 37 of the Criminal Act, the punishment shall be determined after considering equity and mitigation or exemption of the punishment pursuant to Article 39(1) of the Criminal Act, the first instance court erred by exceeding it and affecting the conclusion of the judgment.
3. In conclusion, the judgment of the court of first instance is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is again decided as follows.
(A) On May 2, 2012, the lower court’s judgment was rendered on September 20 and September 20, 2012, and the said judgment became final and conclusive on October 16, 2015, by having been sentenced to eight months for fraud at the Seoul Central District Court on August 21, 2015, in its entirety, the summary of the facts constituting a crime and the summary of the evidence against the Defendant recognized by the court of this Court and the summary of the evidence thereof are added to all the criminal facts of the first instance judgment. In addition, “The Defendant was sentenced to imprisonment with prison labor for not more than four months for fraud at the Busan District Court on May 2, 2012 and one year for suspended execution,” and “The above judgment became final and conclusive on October 16, 2015” in the summary of the evidence attached to the summary of the evidence.