사기
All judgment of the court below shall be reversed.
Defendant shall be punished by a fine of KRW 1,000,000.
The above fine shall be imposed on the defendant.
1. The summary of the grounds for appeal (the first judgment of the court below: the fine of 300,000 won, and the second judgment: the fine of 2 million won) declared by the court below is too unreasonable.
2. Before determining the Defendant’s assertion of unfair sentencing, this paper examines ex officio the Defendant’s assertion of unfair sentencing.
According to the records, on July 16, 2014, the Defendant was sentenced to six months of imprisonment for a crime of fraud in the Suwon District Court’s Ansan Branch on July 16, 2014, and the judgment became final and conclusive on July 24, 2014.
Therefore, with respect to each crime of fraud in the judgment of the court of first and second instances, which is in the relation of fraud for which judgment has become final and conclusive and the concurrent crimes in the latter part of Article 37 of the Criminal Act, the punishment shall be determined after examining whether to reduce or exempt the punishment, taking into account the equity in the case of a judgment at the same time, pursuant to Article 39(1) of the Criminal Act. Therefore, the
In addition, this Court tried to combine two appeals cases against the judgment of the court below, and each crime of fraud as stated in the judgment of the court below is a concurrent crime under the former part of Article 37 of the Criminal Act and shall be sentenced to a single sentence pursuant to Article 38 (1) of the Criminal Act. In this regard, the judgment of the court below has become
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 assertion of unfair sentencing, and it is again decided as follows after oral argument.
Criminal facts
The summary of the facts constituting a crime recognized by this court and the summary of the evidence thereof are as follows: “The defendant was sentenced to six months of imprisonment for a crime in the Suwon District Court’s Ansan Branch on July 16, 2014 and the judgment became final and conclusive on July 24, 2014” in the first head of the facts constituting a crime in the judgment of the court of the court of the first instance; and “1. Defendant’s current trial statement” was the same as the corresponding column of the judgment of the court below in addition to adding “1. Defendant’s current trial statement” in the summary column of the evidence. Therefore, Article 369 of