사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four months.
The defendant shall obtain money from the applicant for compensation 70,000.
1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the lower court’s imprisonment (four months of imprisonment) is too unreasonable.
2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the records of this case show that the defendant was sentenced to ten months of imprisonment on November 23, 2012 by the Seoul Eastern District Court for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, etc. on December 1, 2012. 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 the crime of this case are determined by the punishment after considering the case of concurrent crimes under the latter part of Article 39(1) of the Criminal Act and the amount of mitigation or exemption of punishment. Thus, the judgment of the court below which did not take such measures is no longer maintained.
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 grounds of the above ex officio reversal, and the following decision is rendered through pleading.
Criminal facts
The summary of the facts charged and the evidence against the defendant recognized by this court is as follows: "The defendant was sentenced on December 1, 201 to imprisonment for a crime of fraud at the Suwon District Court on December 1, 201 and the above judgment becomes final and conclusive on December 9, 2011" in the first part of the facts charged in the judgment of the court below, and "the above judgment became final and conclusive on December 1, 2012 due to a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Evidence, etc.) at the Seoul East District Court on November 23, 2012" was added to "the above judgment was declared final and conclusive on December 1, 2012" and the summary of the evidence added "1. The supplementary screen of the agreement of this case," and "1. judgment" to the last part of the evidence, it is cited as it is in accordance with Article 369
Application of Statutes
1. Relevant provisions concerning facts constituting an offense;