석유및석유대체연료사업법위반
The judgment of the court below 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 decision of the court below on the summary of the grounds for appeal (three million won of a fine) is too unreasonable.
2. We examine ex officio the grounds for appeal prior to the judgment ex officio.
According to the records, the Defendant, on September 4, 2013, was sentenced to eight months of imprisonment for a crime of fraud in the Suwon District Court’s Ansan Branch, and the judgment became final and conclusive on January 17, 2014, and on June 25, 2014, was sentenced to six months of imprisonment for a crime of fraud at the Daejeon District Court’s Daejeon District Court on June 25, 2014, and each of the facts that the judgment became final and conclusive on July
Therefore, with respect to the crime of this case in which each judgment becomes final and conclusive and the crime of this case in which the latter part of Article 37 of the Criminal Act are concurrent crimes, a sentence shall be imposed in consideration of equity in the case of concurrent judgments pursuant to Article 39(1) of the Criminal Act. Therefore, the judgment of the court below
3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground of the above ex officio reversal, and the judgment below is again decided as follows.
[C] The summary of the facts constituting a crime and the evidence admitted by the court below and the summary of the facts constituting a crime are as follows: "The defendant was sentenced on September 4, 2013 to be punished by imprisonment of eight months for a crime of fraud in Suwon District Court's Ansan Branch's assistance on January 17, 2014; on June 25, 2014, the judgment became final and conclusive on July 3, 2014 after being sentenced to six months for a crime of fraud at the Daejeon District Court's Daejeon District Court's imprisonment on June 25, 2014; and "1..............................." in the summary of the evidence" is the same as the corresponding column of the judgment of the court below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure
Application of Statutes
1. Article 1 of the Act on Criminal Facts and the former Petroleum and Petroleum Substitute Fuel Business Act (amended by Act No. 10353, Jun. 8, 2010).