사기
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 3,000,000.
The above fine shall not be paid by the defendant.
1. The decision of the court below that sentenced a fine of KRW 3,00,000 is too unreasonable in light of the following: (a) the defendant's appellate brief (unfair sentencing) reflects the error of the defendant and is faced with difficult circumstances; and (b) his family members are faced with it.
2. We examine ex officio the reasons for ex officio appeal prior to the judgment.
According to the records, on April 25, 2014, the Defendant was sentenced to four months of imprisonment for fraud at the Seoul Central District Court and the judgment thereof (hereinafter “final judgment No. 1”) became final and conclusive on July 10, 2014. On July 25, 2014, the Defendant was sentenced to a violation of the Illegal Check Control Act, a violation of the false check Control Act committed before the final and conclusive judgment No. 1 was rendered by the same court on July 25, 2014, and was sentenced to imprisonment with prison labor for ten months and a fine of 3,00,000,000 won for fraud and the judgment of the lower court on August 2, 2014 (hereinafter “second final and conclusive judgment”).
However, since each of the instant frauds is in conflict with the crimes of the final and conclusive judgment No. 1 and the crimes of the final and conclusive judgment No. 2 and the crimes of the latter part of Article 37 of the Criminal Act, the punishment should be determined by taking account of equity in cases where all of the said crimes are concurrently adjudicated pursuant to Article 39(1) of the Criminal Act (see Supreme Court Decision 2012Do1291, Dec. 27, 2012). Therefore, the lower judgment that rendered a sentence without considering equity in cases where each of the instant frauds and the crimes of the final and conclusive judgment are concurrently adjudicated, and without considering equity in cases where each of the instant frauds and the crimes of the final and conclusive judgment are concurrently adjudicated, cannot be maintained.
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 improper assertion of sentencing, and the judgment below is reversed and it is again decided as follows.
Criminal facts
The summary of the criminal facts and evidence of the defendant are the criminal facts of the judgment below. The part of the crime of the court below [criminal records] is "the defendant on April 25, 2014."