사기
The judgment of the court below is reversed.
As to the crime of the 2017 Highest 3938 case ruling of the court below, the defendant is punished by imprisonment for one year, and the court below's decision is made.
1. The lower court’s punishment (two years and four months of imprisonment) against the Defendant on the summary of the grounds for appeal is too unreasonable (the Defendant explicitly withdrawn the assertion of mistake of facts on the first trial date). 2. We examine ex officio prior to determining the grounds for appeal ex officio.
According to the records of this case, the Defendant was sentenced to ten months of imprisonment for fraud at the Seoul Eastern District Court on April 27, 2012, and the above judgment became final and conclusive on May 5, 2012. As such, the crime of fraud for which judgment has already become final and conclusive and the crime of fraud for which judgment was rendered in the High Court Decision 2017 High Court Decision 5270, a group of concurrent crimes after Article 37 of the Criminal Act.
Ultimately, as seen above, since the mutual relationship between the two cases of the 2017 highest order and the 2017 highest order 3938 highest order, which are the crimes prior to the crime of fraud for which judgment became final and conclusive, is not in a concurrent relationship, the two separate orders should be imposed (see Supreme Court Decision 2010Do10985, Nov. 25, 2010). Nevertheless, the lower court rendered a single sentence against the Defendant, and thus, in this regard, the lower judgment cannot be maintained further.
In addition, in the case of the 2017 Highest 5270 case of the ruling of the court below, the punishment should be determined after examining whether to reduce or exempt the punishment in consideration of the equity in the case of the judgment at the same time with the case of fraud which became final and conclusive pursuant to Article 39(1) of the Criminal Act. This also constitutes a ground for
3. 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 of sentencing, and the judgment of the court below is reversed, and the following is again decided after pleading.
[Re-written judgment] The summary of facts constituting a crime and evidence acknowledged by the court is the summary of the facts constituting a crime and evidence, and the summary of the evidence is completed according to the 4th sentence of the judgment below.
“Completion,” and on April 27, 2012, the Seoul Eastern District Court was sentenced to imprisonment with prison labor for a crime of fraud on May 2012.