사기등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for not less than three years and three months.
1. The grounds for appeal (unfair sentencing) each sentence of the lower court (the first instance judgment: imprisonment with prison labor for three years, and imprisonment with prison labor for eight months) is too unreasonable.
2. We examined the case of appeal against the judgment below in the first instance court, and the case of appeal against the judgment below was combined. Each of the crimes of the judgment below constitutes concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one sentence should be imposed pursuant to Article 38 of the Criminal Act. ② The defendant was sentenced to six months of imprisonment at the Seoul Northern District Court on May 4, 2018 and the judgment became final and conclusive on July 6, 2018 (the search of the Supreme Court case). Each of the crimes of the judgment below is concurrent crimes with the above crimes for which punishment becomes final and conclusive, and Article 37 of the Criminal Act provides a sentence in consideration of equity with the case where judgment is rendered simultaneously pursuant to Article 39(1) of the Criminal Act. Thus, the judgment of the court below cannot be maintained.
Therefore, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument about the sentencing, and the following judgment is rendered through pleading.
[Grounds for the judgment in Seoul Northern District Court sentenced the defendant to six months of imprisonment for fraud at the Seoul Northern District Court on May 4, 2018, which became final and conclusive on July 6, 2018.
“Before the judgment in the summary of the evidence: B before the Supreme Court’s search “1. B,” respectively, and on March 7, 2016, the date for presentation of payment No. 6 No. 11 of the List of Crimes No. 2 of the 2nd Judgment was the same as each corresponding column of the judgment of the court below, and thus, the same shall be cited as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of the Criminal Act and Article 347(1) of the Criminal Act (the fraudulent point) for criminal facts, the main sentence of Article 3(1), Article 2(2), and Article 3(1) of the Control of Illegal Check Act (the point where the check is unpaid), and the choice of imprisonment for a prison labor;
1. Article 37 of the Criminal Code for the Treatment of Concurrent Crimes