사전자기록등위작등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
An applicant for compensation shall be dismissed.
1. Summary of grounds for appeal;
A. In light of the legal principles, the point of occupational breach of trust as stated in Article 2014Da699(3) of the judgment below and the point of fraud as stated in Article 2014Kadan1268(3) of the 2014Kadan1268(3) of the 2014Kadan1268(3) of the 2014
B. The sentence imposed by the lower court (two years of imprisonment) is too unreasonable.
2. Determination
A. We examine ex officio prior to the judgment on the grounds for appeal for ex officio determination.
The prosecutor applied for amendments to a bill of amendment to the indictment that changes part of the facts charged in the trial, and this court permitted it, so the judgment of the court below can no longer be maintained.
However, despite the above reasons for ex officio destruction, the defendant's assertion of legal principles is still subject to the judgment of this court, and this is examined below.
B. As to the assertion of misapprehension of the legal doctrine, breach of trust against the principal constitutes fraud against a third party other than the principal.
Even if there is a loss to the principal, the crime of breach of trust shall be established along with the crime of fraud. Furthermore, each of the above crimes is different from the elements of crime, the form of such act and the legal interest protected by law, so it has a relation of substantive concurrent crimes (see, e.g., Supreme Court Decision 2010Do10690, Nov. 11, 2010). This part of the defendant's assertion is without merit.
3. The judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act, and the judgment below is again decided as follows.
Punishment of the crime
The Defendant, “2014 Highest 699” from August 2012 to February 2014, 2014, was a person who was working as the head of F directly operated by the Agency of the SK Telecom Ecom, located on the fourth floor D1st floor of Daegu-gu, and opened a mobile phone by stealing another person’s name, and then opening the relevant mobile phone terminal.