사기
All judgment of the court below shall be reversed.
Defendant shall be punished by a fine of KRW 1,500,000.
The above fine shall be imposed on the defendant.
1. Although the Defendant did not submit the grounds for appeal within the lawful period for submission of the grounds for appeal, the Defendant’s appeal shall not be dismissed by decision on the ground that there exist grounds for ex officio reversal in the lower judgment as follows.
After completing a separate hearing with the Seoul Central District Court 2013Ma4156 and the Seoul Central District Court 2013Ma3602, respectively, the court sentenced the defendant to a fine of KRW 1,00,000 against the former, and a fine of KRW 1,00,000 against the latter. The defendant filed an appeal against each of the above judgments and decided to concurrently examine the above two appeals cases. Each of the first and second judgments of the court below against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act, and shall be sentenced to a single sentence within the scope of punishment subject to aggravated concurrent crimes under Article 38(1) of the Criminal Act. Thus, all of the judgment of the court below against the defendant cannot be exempted from reversal.
B. In addition, the prosecutor added to all the facts charged in the trial of the court, “the defendant was sentenced on September 26, 2013 to imprisonment with prison labor for fraud, etc. at the Seoul Central District Court on September 26, 2013 and the above judgment became final and conclusive on October 5, 2013.” In addition, the prosecutor applied for the amendment of the indictment to add “the latter part of Article 37 and Article 39(1) of the Criminal Act” to the applicable provisions of law, and the subject of the judgment was changed by this court’s permission, so the judgment of the court below against the defendant
2. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and it is so decided as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are all facts constituting the crime, and all facts constituting the crime are "defendants". < Amended by Presidential Decree No. 24750, Sep. 26,