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The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 1,500,000.
The above fine shall not be paid by the defendant.
Reasons
1. The summary of the grounds for appeal (e.g., a fine of 1.5 million won) imposed by the lower court is too unreasonable.
2. Ex officio determination
(a) "A crime for which judgment to face with imprisonment without prison labor or a heavier punishment has become final and a crime committed before such judgment has become final and conclusive" shall constitute concurrent crimes provided for in the latter part of Article 37 of the Criminal Act, and in such cases, a punishment shall be imposed in consideration of equity in cases where a crime which has not been adjudicated among concurrent crimes and a crime for which judgment has become final and conclusive under Article
Meanwhile, in light of the language, legislative intent, etc. of the latter part of Article 37 and Article 39(1) of the Criminal Act, if a crime for which no judgment has yet to be rendered cannot be judged concurrently with the crime for which judgment has already become final and conclusive, it is reasonable to interpret that the sentence cannot be imposed at the same time in consideration of equity and equity, or that the sentence cannot be mitigated or exempted.
(See Supreme Court Decision 2009Do9948 Decided October 27, 2011). B.
According to the records, on December 3, 2008, the defendant was sentenced to a two-year suspension of imprisonment for fraud at the Seoul Central District Court on March 13, 2009, and the judgment became final and conclusive on March 13, 2009, and (2) on April 8, 201, the Daejeon District Court sentenced a two-month suspension of imprisonment for fraud, etc. at the Daejeon District Court on April 8, 201, and the judgment became final and conclusive on November 1, 2012.
On the other hand, the crime of criminal offense is ① the crime committed before the day when the judgment of the previous offense becomes final and conclusive.
However, with respect to each crime of the judgment below, the court below sentenced the punishment in consideration of the equality between the crimes of the previous offense and the crimes of the previous offense pursuant to the latter part of Article 37 and Article 39(1) of the Criminal Act. Each crime of the judgment of the court below is ① a crime which was committed after the final date of the judgment of the previous offense, and ② a crime of the previous offense was committed before the final date of the judgment of the previous offense, and ② a crime of the previous offense in the judgment of the court below was committed before the final date of the judgment of the previous offense, and thus, the judgment