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[Defendant A]
1. Defendant A’s appeal against the first instance judgment (Fraud) is dismissed;
2...
Reasons
1. Summary of grounds for appeal;
A. 1) Defendant A (De facto M) delivered the instant bill to YY and K with the knowledge that the instant bill is a bbbbbbbbing note, and the Defendant A did not conspired to commit the instant crime. Moreover, there is no fact that Defendant K (FF) was accused of the fact that the instant bill is a bbbing note. 2) Defendant K (FF)’s imprisonment with labor is too unreasonable.
B. The original judgment of the second instance court (five months of imprisonment) is too unreasonable.
2. Ex officio determination on the second judgment of the lower court is deemed ex officio prior to the judgment on the grounds for appeal of the second judgment
When a person who has committed perjury makes a confession or surrenders himself/herself before the judgment or disciplinary action becomes final and conclusive, the punishment shall be mitigated or remitted.
(Article 153 of the Criminal Act). However, the judgment of the case in question (Article 153 of the Criminal Act, which led to the confession of the crime in this case in this court, was not yet finalized (Article 253 of the Criminal Act).
Ultimately, according to Article 153 of the Criminal Code, Defendant A's punishment should be mitigated or exempted, so the second judgment cannot be maintained as it is.
In addition, the lower judgment deemed that the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Delivery of False Revenue Calculation, etc.) finalized on December 28, 2018 and the crime of embezzlement, etc., which became final and conclusive on January 24, 2020, and the crime of perjury, etc. under the latter part of Article 37 of the Criminal Act, were in the relationship of concurrent crimes under Article 37 of the Criminal Act. However, each of the above crimes, which became final and conclusive, shall be deemed to have been transferred on December 22, 2014, where a judgment of suspended sentence of imprisonment was final and conclusive due to the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. of Specific Crimes, or on February 22, 2017