특정경제범죄가중처벌등에관한법률위반(사기)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
1. Summary of grounds for appeal;
A. The Defendant did not receive 1,00,000 won, excluding KRW 42,432,50,000, 500, 11,000, and 123,640,000 won from the victim’s victim’s victim’s crime list Nos. 4 of the attached Table of the lower judgment.
Nevertheless, the court below recognized the total amount of KRW 837,484,00, including the above money by mistake of facts, as the total amount obtained by deceit.
B. The sentence imposed by the lower court (two years of imprisonment) is too unreasonable.
2. Determination
A. We examine ex officio the defendant's grounds of appeal prior to determining ex officio.
1) According to the records of this case, the following facts may be acknowledged. ① On September 2, 2014, the Defendant was sentenced to the imprisonment of eight months at the Seoul Western District Court on September 2, 2014, and the judgment became final and conclusive on January 29, 2015 (hereinafter “the first final and conclusive judgment”).
(2) On April 21, 2015, the Seoul High Court sentenced 6 months of imprisonment for the crime of injury caused by confinement, and 1 year of suspended execution, and decided on April 29, 2015 (hereinafter “the second final judgment”) (hereinafter “the second final judgment”).
(A) On April 27, 2017, the Seoul Western District Court sentenced a three-year and six-year imprisonment to be a crime of fraud, which became final and conclusive on June 29, 2017 (hereinafter “third final and conclusive judgment”).
(2) According to the above facts of recognition, the Defendant committed the crimes in the final and conclusive judgment No. 2 and 3 and the crimes in the instant case before January 29, 2015, which were the date of the final and conclusive judgment No. 1, prior to the date of final and conclusive judgment No. 1, and the crimes in the final and conclusive judgment No. 2 and 3, and the crimes in the instant case are concurrent crimes under the latter part of Article 37 of the Criminal Act, and thus, a punishment for the instant crimes shall be determined in consideration of equity and the same.
However, the lower court, without omitting the crime of the second final and conclusive judgment, determined a punishment for the instant crime in consideration of equity and cases where the first and third final and conclusive judgment is rendered simultaneously with the crime of the first and third final and conclusive judgment.