beta
(영문) 수원지방법원 2018.07.17 2017노9263

사기

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of one million won.

The above fine shall not be paid by the defendant.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (2 million won in penalty) is too unreasonable.

2. Before the judgment on the grounds for appeal ex officio, prior to the judgment on the grounds for appeal of ex officio, the defendant was sentenced to a suspended sentence of one year on January 26, 2018 at the Seoul Eastern District Court, which was after the judgment of the court below, and the above judgment becomes final and conclusive on May 15, 2018. The crime and the above crime of fraud, etc. against the defendant, for which the judgment of the court below and the judgment of the court below became final and conclusive, shall be sentenced to punishment for the crime of the court below in consideration of equity in cases where the judgment is to be rendered simultaneously pursuant to Article 39(1) of the Criminal Act, since the judgment of the court below cannot be maintained in this respect.

3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment of the court below is reversed and it is again decided as follows.

【Grounds for the judgment in Seoul Eastern District Court sentenced the Defendant to a suspended sentence of four months of imprisonment due to fraud, etc. on January 26, 2018 and the judgment on May 15, 2018 became final and conclusive in all of the facts constituting the crime of the lower judgment.

Except for the addition of “,” it is identical to each corresponding column of the lower judgment, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment;

1. Subsequent to Article 37 of the Criminal Act dealing with concurrent crimes: Provided, That the proviso to Article 39 (1) shall apply;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is that there is no particular criminal record other than the criminal facts indicated in the judgment of the defendant, and the above fraudulent act was committed at a time similar to this case, and is equitable in the case where the judgment is rendered at the same time.