특정경제범죄가중처벌등에관한법률위반(사기)등
Each judgment of the court below shall be reversed.
Defendant shall be punished by imprisonment for not less than five years and six months.
1. The summary of the grounds for appeal is that the amount of punishment imposed on the defendant (the first instance judgment: five years; imprisonment with prison labor for a period of two years; imprisonment with prison labor for a period of two years; and imprisonment with labor for a period of ten months) is too unreasonable and thus the amount of the punishment is unreasonable.
2. Ex officio determination
A. The judgment of the lower court was rendered to the lower court on the consolidated trial, and each of the Defendant appealed in this judgment.
In addition, this Court made a decision that each appeal case should be tried together.
Since the crimes of each judgment of the court below are concurrent crimes under the former part of Article 37 of the Criminal Act, the defendant should be sentenced to one punishment in accordance with Article 38(1) of the Criminal Act.
Therefore, each judgment of the court below can no longer be maintained.
B. In the appellate trial on the amendment of the Bill of Indictment No. 2, the Prosecutor filed an application for the amendment of the Bill of Indictment with the following facts: “I need to pay money individually by telephone” among the facts charged related to the judgment of the court of appeal No. 2: “I call to the part that “I need to pay money,” and this Court permitted the application.”
Accordingly, the judgment of the court below cannot be maintained any longer due to changes in the subject of adjudication.
3. Each judgment of the court below is reversed ex officio, and the judgment below is reversed in accordance with Article 364(2) of the Criminal Procedure Act and it is again decided as follows.
Criminal facts
On October 11, 2013, the Defendant was sentenced to two years of imprisonment with prison labor for the acquisition of stolen goods by the Seoul High Court, and completed the execution of the sentence in the Ansan Prison on November 18, 2014.
In addition, on November 14, 2014, the defendant was sentenced to a suspended sentence of three years for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) by the Seoul High Court of Seoul, which became final and conclusive on November 22, 2014.
1. Fraud against the victim B (the lower court’s judgment 2) was held by the Defendant on September 2015 with approximately 0.2g of Mesa Mesa Mesa Mesa Mesa Mesa Mesa Mesa Mesa Mesa Mesa.