특정경제범죄가중처벌등에관한법률위반(사기)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for two years.
1. The summary of the grounds for appeal (e.g., imprisonment) by the lower court (e., two years of imprisonment) is too unreasonable.
2. According to the evidence submitted by the prosecutor in the first instance, prior to the judgment on the grounds for appeal, prior to the judgment on the grounds for appeal, the Defendant, at the Seoul High Court on June 7, 2018, sentenced 4 years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), can be recognized on October 4, 2018.
Therefore, the judgment of the court below against the defendant is a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), etc. of which judgment has become final and conclusive, and a crime of fraud as stated in the judgment of the court below and concurrent crimes as stated in the latter part of Article 37 of the Criminal Act, and a punishment should be imposed at the same time in consideration of equity with the case to be judged
3. The court below's decision is reversed pursuant to 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 pleading.
【The reason for the judgment in multiple times】 Correction and addition to the facts constituting the crime and the summary of the evidence recognized by the court in this Court, as stated in Section 2 of the judgment of the court below, to the effect that “The judgment was finalized on December 22, 2015,” “The judgment was finalized on December 22, 2015, and the judgment was finalized on October 4, 2018, by being sentenced to imprisonment with prison labor for four years at the Seoul High Court on June 7, 2018 due to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud),” and the correction and addition to “the judgment was finalized on October 4, 2018,” during Sections 10 and 11 of the judgment of the court below as stated in Sections 3, 10 and 11 of the judgment of the court below, since it is the same as the corresponding column of the judgment of the court below other than the addition of the written judgment of the case (Seoul High Court Decision 2017No271).
Application of Statutes
1. The provision of relevant laws concerning criminal facts;