사기
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 2,000,000.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal (e.g., a fine of one million won) by the lower court is excessively unreasonable.
2. On February 14, 2013, according to the records, the defendant was sentenced to 10 months of imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. in the Daegu District Court Port Support on February 14, 2013, and the judgment becomes final and conclusive on February 22, 2013. As such, the crime for which the judgment became final and the crime of this case are concurrent crimes under the latter part of Article 37 of the Criminal Act, and should be sentenced to punishment for the crime in consideration of equity and cases at the same time under Article 39(1) of the Criminal Act. The judgment of the court below which neglected this is erroneous by misapprehending the legal principles
3. Therefore, 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, and the judgment below is reversed and it is again decided as follows.
Criminal facts
The summary of the facts charged and evidence acknowledged by this court is as follows: "The defendant was sentenced to imprisonment on August 23, 201 with prison labor for fraud, etc. at the Busan District Court on February 13, 201, and the above judgment became final and conclusive on February 13, 201" in the facts charged, "The defendant was sentenced to imprisonment with prison labor for one year and six months at the Busan District Court on August 23, 2011 and the above judgment was finalized on February 13, 2012, and on February 14, 2013, in the Daegu District Court Port Branch on February 14, 2013, the above judgment was changed to "the above judgment became final and conclusive on February 22, 2013," and except for the criminal records, the criminal records, the judgment and the result of the case's tax investigation report," as stated in Article 369 of the Criminal Procedure Act, and thus, the above judgment is cited as it is as it is in the corresponding column of Article 39 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article of the Criminal Act and the choice of punishment for the crime;