사기
The remainder of the judgment of the court of first instance and the judgment of the court of second instance excluding the compensation order shall be all reversed.
Defendant .
1. The summary of the grounds for appeal (the first instance judgment: imprisonment with prison labor for 1 year and confiscation, and imprisonment with prison labor for 1 year) is too unreasonable.
2. Prior to the judgment on the grounds for appeal by the Defendant’s ex officio, this Court tried by combining the appellate cases against the lower judgment. Each of the instant offenses against the Defendant is a concurrent offense relationship under the former part of Article 37 of the Criminal Act, and thus, one sentence should be imposed within the scope of aggravated concurrent crimes pursuant to Article 38(1) of the Criminal Act. In this respect, the lower judgment became unable to be maintained.
In addition, according to the records, the Defendant, at the Seoul Northern District Court on June 25, 2015, sentenced two years to a suspended sentence of one year for the crime of occupational embezzlement, etc. at the Seoul Northern District Court on March 30, 2016, and the above judgment became final and conclusive on March 30, 2016. Each of the crime of fraud in this case is in the relation of concurrent crimes under the latter part of Article 37 of the Criminal Act with the crime of occupational embezzlement for which the judgment became final and conclusive, and should be sentenced separately by taking into account the equity with which the judgment is to be rendered simultaneously in accordance with Article 39
3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, without examining the defendant's assertion of unfair sentencing, on the ground that the above reasons for the reversal of authority as above exist. (excluding the part on compensation order among the judgment of the court of second instance), and the following are again
Criminal facts
The summary of the facts charged and the evidence admitted by this court is as follows: "The defendant was sentenced to two years of suspension of execution on June 25, 2015 to one year of imprisonment with prison labor for occupational embezzlement, etc. at the Seoul Northern District Court District Court on June 25, 2015, and the above judgment became final and conclusive on March 30, 2016" in the summary of the evidence, and "1. Before the judgment: the defendant's current trial statement, the suspect A with investigation report, and the same case."