사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
1. The main point of the grounds for appeal is that the lower court’s imprisonment (ten months of imprisonment) is too unreasonable.
2. We examine ex officio prior to the judgment on the grounds for appeal ex officio. According to the records of this case, the defendant was sentenced to imprisonment with prison labor for ten months at the Ulsan District Court on December 30, 2014, and the judgment became final and conclusive on May 12, 2015. The criminal facts of this case are in the concurrent relationship between the crime for which the judgment became final and the latter part of Article 37 of the Criminal Act, and in accordance with Article 39(1) of the Criminal Act, a punishment should be determined in consideration of the equity with the case where the judgment is concurrently rendered pursuant to Article 39(1) of the Criminal Act. In light of the criminal facts of the judgment of the court below and the application of the law, the judgment of the court below is deemed
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 that the above reasons for reversal of the judgment of the court below are the same as above.
[C] The criminal facts recognized by the court and the summary of the evidence are all the criminal facts. "The defendant was sentenced to 10 months of imprisonment with prison labor at the Ulsan District Court on December 30, 2014 and the judgment became final and conclusive on May 12, 2015" in the summary of the evidence, and "1.................." The criminal records in the judgment of the court below are the same as the corresponding column of the judgment of the court, except for addition of criminal records, court rulings, and defendant's court statements. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;
1. The latter part of Articles 37 and 39 (1) of the Criminal Act concerning concurrent crimes (trade between frauds in respect of which judgment and judgment has become final and conclusive);
1. Of concurrent crimes, it is prescribed in the first sentence of Article 37 and Article 38(1)2 of the Criminal Act among concurrent crimes.