사기
The judgment below
The part against the defendant shall be reversed.
The defendant shall be sentenced to 4 months of imprisonment with prison labor for the first crime.
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for up to eight months) of the lower court’s sentencing is too unreasonable.
2. Ex officio determination
A. According to the evidence duly admitted and examined by the lower court, the following facts can be acknowledged.
1) On May 25, 2001, the Defendant was sentenced to the total of 2 years and 11 months in imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at the Daejeon High Court on May 25, 2001, and the said judgment became final and conclusive on June 2, 2001
(2) On April 18, 2006, the Defendant was sentenced to a two-year suspended sentence of imprisonment for a crime of fraud at this court on June 26, 2006 (hereinafter “second-year suspended sentence”), and thereafter, on October 30, 2009, the Ulsan District Court sentenced a two-year suspended sentence of imprisonment for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), etc. (hereinafter “third-year suspended sentence”), and on June 10, 2010, the said judgment became final and conclusive on July 16, 2010 after having been sentenced to a one-year suspended sentence of imprisonment for a crime of fraud at this court on July 24, 201 (hereinafter “the above judgment becomes final and conclusive on July 24, 2010”) by having been sentenced to imprisonment for a two-year period of imprisonment with prison labor at this court on May 10, 2010 (hereinafter “the above judgment becomes final and conclusive on July 16, 2016, 201010”).
(3) On the other hand, the crime of the second criminal record is a crime committed before the date of the final judgment of the first criminal record. 4) In addition, the crime of the third through the second criminal record is a crime committed between the date of the final judgment of the first criminal record and the date of the final judgment of the second criminal record. The crime of the seventh criminal record is a crime committed between the date of the final judgment of the second criminal record and the date of the final judgment of the third criminal record.
B. Determination 1: the text and legislation of the latter part of Article 37 and Article 39(1) of the Criminal Act.