사기
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 1,000,000.
The above fine shall not be paid by the defendant.
1. In light of the substance of the grounds for appeal in this case, the punishment imposed by the court below (one million won of fine) on the defendant is too unreasonable.
2. Before determining the Defendant’s ex officio on the assertion of unfair sentencing, prior to the judgment on the assertion of unfair sentencing, the Defendant was sentenced to imprisonment with prison labor of six months and a fine of three million won on April 5, 2013 by the Ulsan District Court, which became final and conclusive on May 31, 2013. As such, the crime of fraud for which the judgment became final and conclusive is related to concurrent crimes under the latter part of Article 37 of the Criminal Act, and the crime of this case ought to be determined after considering equity in cases where the judgment is concurrently rendered under Article 39(1) of the Criminal Act, and examining whether to reduce or
Therefore, the judgment of the court below can no longer be maintained.
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.
Punishment of the crime
[criminal power] On April 5, 2013, the Defendant was sentenced to imprisonment with prison labor for six months and a fine of three million won for fraud at the Ulsan District Court, and the judgment became final and conclusive on May 31, 2013.
【Criminal Facts】
At around 22:00 on June 1, 2012, the Defendant: (a) committed an act as if he would normally pay the drinking value to the victim D operating the relevant place; (b) ordered three diseases of both fluice and demanded one flusium.
However, the defendant did not have the intention or ability to pay the alcohol value and the service fee even if he was provided with the alcohol by the victim due to the lack of cash or normal credit card.
As such, the Defendant, by deceiving the victim, received property equivalent to the sum of 450,000 won from the market price of each 3-year Scam in the same place from the victim, and 3-hour Doz. from the next 01:00 on the following day.