사기
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 1,000,000.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal (e.g., a fine of one million won) imposed by the court below on the defendant is too unhued and unreasonable.
2. According to the judgment on the grounds for appeal of unfair sentencing by the prosecutor ex officio prior to the judgment on the grounds for appeal of unfair sentencing, and the records of this case and the evidence additionally examined in the trial, the defendant was sentenced to ten months of imprisonment by larceny, etc. at the Seoul Central District Court on November 1, 2012, and the above judgment became final and conclusive on December 18, 2012, and the above judgment became final and conclusive on April 25, 2013, and on May 3, 2013 after being sentenced to eight months of imprisonment by fraud at the Seoul Central District Court on April 25, 2013, each of the above judgment became final and conclusive on May 3, 2013.
Therefore, as seen above, each crime for which judgment has become final and conclusive is in both concurrent crimes under the latter part of Article 37 of the Criminal Act, and should be sentenced to punishment for the instant crime by taking into account equity and equity in cases where judgment is concurrently rendered pursuant to Article 39(1) of the Criminal Act. As such, the lower judgment which did not take such measures is no longer able
3. Accordingly, the judgment of the court below is reversed ex officio under Article 364(2) of the Criminal Procedure Act without examining the prosecutor's grounds for appeal on the grounds of unfair sentencing, and it is again decided as follows.
[C] The summary of the facts constituting an offense and the evidence admitted by the court and the summary of the evidence are as follows: ① The first head of the facts constituting an offense in the judgment of the court below was sentenced to ten months of imprisonment with prison labor by larceny, etc. at the Seoul Central District Court on November 1, 2012, and the above judgment became final and conclusive on December 18, 2012; on April 25, 2013, the Seoul Central District Court sentenced eight months of imprisonment with prison labor at the Seoul Central District Court on April 25, 2013 and became final and conclusive on May 3, 2013; ② “the remittance of KRW 40,000” out of the facts constituting an offense, under the name of pro-gu J.