사기등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 5,000,000.
The above fine shall not be paid by the defendant.
1. The main point of the grounds for appeal is that the lower court’s punishment (7 million won of a fine) is too unreasonable.
2. We examine ex officio the grounds for appeal prior to the judgment ex officio.
According to records, the defendant was sentenced to six months of imprisonment and two years of suspension of execution by the Daegu District Court on December 20, 2018, and the judgment became final and conclusive on December 20, 2019. On January 22, 2020, the Daegu District Court sentenced two years of suspension of execution to six months of imprisonment due to occupational embezzlement, etc. on January 30, 2020, and the judgment became final and conclusive on January 30, 2020. Since each of the above crimes and the instant crimes for which the judgment became final and conclusive are concurrent crimes under the latter part of Article 37 of the Criminal Act, the punishment for the instant crimes shall be determined in consideration of equity in cases where the above crimes and the instant crimes are concurrently adjudicated under Article 39(1) of the Criminal Act.
The judgment of the court below is no longer maintained.
3. 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 it is again decided after oral argument.
[C] The summary of the facts constituting the crime and the evidence admitted by the court below and the summary of the facts constituting the crime are as stated in the first copy of the judgment of the court below, with the exception that "the defendant was sentenced to six months of imprisonment and two years of suspended execution due to the obstruction of exercise of rights by the Daegu District Court on December 20, 2018 and the judgment became final and conclusive on December 20, 2019. On January 22, 2020, the Daegu District Court sentenced two years of suspended execution to six months of imprisonment due to occupational embezzlement, etc. and became final and conclusive on January 30, 2020, and added "the judgment became final and conclusive on January 30, 2020." Therefore, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 347(1) of the Criminal Act applicable to the facts constituting an offense (the point of fraud), Article 231 of the Criminal Act (the point of aiding and abetting Private Document), Article 234 and Article 234 of the Criminal Act.