사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
However, the above punishment for a period of one year from the date this judgment becomes final and conclusive.
1. The sentence imposed by the court below (six months of imprisonment) on the summary of the grounds for appeal is too unreasonable.
2. Before determining the grounds for appeal by the Defendant’s ex officio, the record reveals that the Defendant was sentenced to four years of imprisonment to a crime of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at the Busan High Court on April 26, 2017, and the judgment became final and conclusive on July 18, 2017. As such, the Defendant’s crime of this case is in the relation of concurrent crimes between the crime for which the judgment became final and the latter part of Article 37 of the Criminal Act, and is determined in consideration of equity in the case where the judgment is to be rendered simultaneously pursuant to Article 39(1) of the Criminal Act. Thus, the lower judgment was no longer maintained.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the grounds for appeal of the defendant, and it is again decided as follows.
[Re-written judgment] The criminal facts and the summary of the evidence established by this court are as follows: the first head of the criminal facts, with the exception that "the defendant was sentenced to four years of imprisonment by the Busan High Court for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) on April 26, 2017, and the judgment became final and conclusive on July 18, 2017," and "the addition was made," and "the search of the Kotnet case and each written judgment ( Busan High Court Decision 2016Da477, Busan High Court Decision 2016No730, Busan High Court Decision 2017Do7385)" was added to the criminal records in the judgment. Thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;
1. The latter part of Article 37 of the Criminal Code to deal with concurrent crimes, but the crime of this case on the grounds of sentencing in the first sentence of Article 39(1) is the defendant who operates the food manufacturing company.