사기
The judgment below
Of the judgment of the court below, each of the crimes listed in Attached Nos. 1 through 28 of the crime sight table 1 to the judgment of the court below, and 2.
1. In the case of concurrent crimes under the latter part of Article 37 of the Criminal Act, the scope of the judgment of this court is separately tried and judged, and separately decided each crime before and after the final judgment. Thus, since the part of the judgment of the court prior to remand (a fine of KRW 2 million) in the case of concurrent crimes under the latter part of Article 37 of the Criminal Act, the judgment of the court below is separately tried and decided, and the defendant appealed against each of the above crimes. The Supreme Court accepted only a final appeal as to part of the above crimes, and reversed and remanded it, and if the remaining part of the final appeal is dismissed, the conviction against which the above final appeal was dismissed is separately determined, and the scope of the judgment of the court below remanded is limited to the above reversed part (a.e., Supreme Court Decision 200Do486 delivered on March 23, 201). Therefore, since the part of fraud in the judgment of the court prior to remand (a. 200,000 won) recorded in the annexed Table 1.
2. The sentence imposed by the court below (eight months of imprisonment) is too unreasonable.
3. Prior to the judgment on the Defendant’s assertion of unreasonable sentencing, we examine ex officio whether the statute of limitations for each of the fraudulent facts charged as set forth in Nos. 1, 2, and 5 of the annexed Table 1 of the judgment of the court below has lapsed.
Since the statutory penalty for each crime listed in the No. 1, No. 2, and No. 5 of the attached Table 1 of the judgment of the court below is a imprisonment of not more than ten years or a fine of not exceeding twenty million won pursuant to Article 347(1) of the Criminal Act, Article 3 of the Addenda of the Criminal Procedure Act (amended by Act No. 8730 of Dec. 21, 2007) and Article 249(1)3 of the former Criminal Procedure Act (amended by Act No. 8730 of Dec. 21, 2007) are seven years.
However, the instant public prosecution was instituted on May 30, 2013 after seven years have elapsed since each of the above criminal acts was completed.