사기등
The judgment of the court below is reversed.
As to the crime No. 1 in the judgment of the defendant, a fine of KRW 2,00,00 shall be imposed on the crime No. 2 in the judgment.
1. Although the defendant did not submit the statement of reasons for appeal within the deadline for submission of the statement of reasons for appeal, pursuant to the proviso of Article 361-4 (1) of the Criminal Procedure Act, the defendant was sentenced to imprisonment with prison labor for one year and a fine of 1,00,000 won for special larceny, etc. on January 22, 2003, and the judgment became final and conclusive on March 21, 2003. As such, each of the crimes of this case with special larceny, etc. for which the judgment became final and conclusive at the same time under the latter part of Article 37 of the Criminal Act is concurrent crimes under the latter part of Article 39 (1) of the Criminal Act, and after examining whether to reduce or exempt punishment, the court below, without considering this, shall determine punishment, by deeming each of the crimes as concurrent crimes under the former part of Article 37 of the Criminal Act, without considering it, and thus, the judgment of the court below shall no longer be maintained.
2. Therefore, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and the judgment below is reversed and it is again decided as follows.
Criminal facts
The summary of the facts charged and the evidence admitted by this court are as follows: "The defendant was sentenced to one year of imprisonment and a fine of 1,000,000 won for special larceny, etc. from the military branch of the Jeonju District Court on January 22, 2003, and the judgment became final and conclusive on March 21, 2003." The summary of the evidence added "1................................" to the summary of the evidence as stated in the corresponding column of the court below, except for the addition of "in criminal records"
Application of Statutes
1. The fact of fraud under Article 347 (1) of the Criminal Act and the judgment of Article 347 of the same Act concerning the applicable criminal facts;
1.(b)
Criminal facts, including, but not limited to, fines, Articles 355(1) and 355(1)
1. The latter part of Article 37 and Article 39(1) of the Criminal Act dealing with concurrent crimes;