beta
(영문) 수원지방법원 2017.12.15 2017고단4218

사기

Text

Defendants shall be punished by imprisonment for four months.

However, with respect to Defendant A, the same shall apply for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal record] Defendant A was sentenced to imprisonment with prison labor on September 22, 2017 by means of fraud on October 10, 2017, and the judgment became final and conclusive on October 22, 2017, Defendant A was sentenced to imprisonment with prison labor on September 22, 2017 and imprisonment with prison labor on October 10, 2017, but the judgment became final and conclusive on October 10, 2017 (Seoul District Court Decision 2017No4195, Suwon District Court Decision 2017No4195). The part in relation of concurrent crimes with the instant crime and Article 37 of the Criminal Act is limited to the part sentenced to imprisonment with prison labor on September 2, 2017.

In addition, Defendant A was sentenced to a stay of execution on December 12, 2014 to six months by imprisonment with prison labor on June 12, 2015 (Seoul High Court Decision 201Da370 decided September 12, 2015) but separately, Defendant A was sentenced to a stay of execution on April 18, 2013 as one year of fraud, and the above judgment became final and conclusive on April 26, 2013 (No. 2013No. 1071 decided April 26, 201), and Defendant A was sentenced to imprisonment with prison labor on September 2, 2015 (No. 2010 decided April 26, 201), and Defendant A was sentenced to a stay of execution on April 26, 2013 (No. 2013No370 decided April 26, 201). Thus, Defendant A did not have been sentenced to an aggravated punishment of imprisonment with prison labor on September 26, 2017, etc.