사기
All judgment of the court below shall be reversed.
Defendant shall be punished by a fine of KRW 5,000,000.
The above fine shall be imposed on the defendant.
1. The summary of the grounds for appeal (the first judgment: the fine of KRW 2 million: the second judgment; the fine of KRW 3 million: the third judgment; the fine of KRW 500,000: the fourth judgment; the fine of KRW 3 million: the fourth judgment); the fine of KRW 3 million), which was pronounced by the original judgment, is too unreasonable.
2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the case of appeal against the judgment of the court of first instance, 2013No3034 of this court, which is the case of appeal against the judgment of the court of second instance, 2013No3340 of this court, which is the case of appeal against the judgment of the court of second instance, 2013No3909 of this court, and 2013No3942 of this court, which is the case of appeal against the judgment of the court of second instance, was consolidated in the oral proceedings of the court of first instance. Each of the crimes of the court below against the defendant, 2013No3942 of this court, which is the case of appeal against the judgment of the court of third instance, shall be sentenced to a single sentence within the term of punishment subject to aggravated concurrent crimes pursuant to the former part of Article 37 of the Criminal Act. In this regard,
3. Accordingly, the judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and it is again decided as follows through pleading.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are as shown in each corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 347 (1) of the Criminal Act and Article 347 of the same Act concerning the applicable criminal facts, the choice of fines;
1. Crimes under the latter part of Articles 37 and 39(1) of the Criminal Act (with respect to each of the frauds indicated in the judgment of the lower court, and between frauds for which the judgment becomes final and conclusive on July 26, 2013);
1. Of concurrent crimes, the punishment stipulated in the judgment of the second court of fraud, which is the largest of the circumstances of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, among the crimes of concurrent crimes;