사기등
We reverse the judgment of the court below.
Defendant shall be punished by a fine of KRW 1,200,00.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal is that the punishment (the fine of KRW 1 million, the fine of KRW 500,000, the fine of KRW 2: the fine of KRW 500,000) of each judgment of the court below is excessive and unfair (the Defendant asserted that the first judgment of the court of first instance was erroneous, but the Defendant revoked the mistake of facts among the grounds for appeal at the second trial date of the court of second trial). 2. On February 1, 200, the judgment of the court of second instance was rendered on each of the judgment of the court of second instance, and the Defendant appealed against each of the above judgment of the court of second instance, and the court of second instance decided to jointly deliberate on
Therefore, each crime of the first and second judgment against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act, and thus a single sentence should be imposed in accordance with Article 38(1) of the Criminal Act. Thus, the judgment of the court below cannot be maintained as it is.
3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and it is again decided as follows.
[Grounds for the original judgment] The summary of facts constituting an offense and evidence recognized by the court is as follows: “1. The Defendant’s partial statement in the court of first instance” in the summary of the evidence of the first instance judgment is the same as the corresponding column of each judgment of the court below, and thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense, Article 347 of the Criminal Act (the point of fraud), Article 46 (2) 2, the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the point of operation of an automobile which has not mandatory insurance), and the choice of fines, respectively;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;