사기
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.
1. The main point of the grounds for appeal is that the penalty (two million won of fine) imposed by the court below on the defendant is too unreasonable.
2. According to the evidence duly adopted and examined by the court below ex officio prior to the judgment on the grounds of appeal by the defendant's ex officio, the court below and the court below, the defendant was convicted of six months of imprisonment for a crime of fraud at the Incheon District Court's Busan Branch on January 14, 2016, and the above judgment became final and conclusive on March 28, 2016. Thus, the crime of the judgment of the court below against the defendant and the above crime of fraud for which the judgment of the court below became final and conclusive on March 28, 2016 are concurrent crimes under the latter part of Article 37 of the Criminal Act, and should be sentenced to punishment for the crime of the court below's judgment in consideration of equity with the case where the judgment is
3. Accordingly, the judgment of the court below is reversed ex officio under Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is reversed ex officio and it is again decided as follows.
Criminal facts
The summary of the facts charged and the evidence admitted by this court is as follows: "The defendant was convicted on January 14, 2016 by imprisonment for six months with prison labor for fraud in the Busan District Court Branch Branch of the Incheon District Court, and the above judgment became final and conclusive on March 28, 2016 and became final and conclusive on March 28, 2016." The summary of the evidence is as stated in the first head of the facts charged in the judgment of the court below, and the search of the case by the Supreme Court is identical to each corresponding column of the judgment of the court below except for addition.
Application of Statutes
1. Article 347 (1) of the Criminal Act and Article 347 (1) of the same Act and the selection of fines for the crime;
1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;
1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall apply to concurrent crimes;