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The judgment below
The remainder, excluding the rejection of an application for compensation order, shall be reversed.
Defendant C, the victim C.
Reasons
1. The summary of the grounds for appeal (e.g., both types of punishment) that the court below rendered (e.g., imprisonment of one year and two months for fraud against victims C and E, and six months for fraud against victims D) is too unreasonable.
2. We examine ex officio prior to the judgment on the grounds for appeal for ex officio determination.
A. 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 judgment has not yet become final cannot be ruled concurrently with a crime for which judgment has already become final and conclusive, a concurrent crime relationship under the latter part of Article 37 of the Criminal Act cannot be established, and it is reasonable to interpret that a sentence may not be imposed, or that the sentence may not be mitigated or exempted, by taking into account equity and equity
According to the evidence and records duly adopted and examined by the lower court, among the instant crimes, the crime of fraud against the victim C was committed from July 4, 2011 to December 15, 2012; the crime of fraud against the victim E was committed on December 5, 2011; the crime of fraud against the victim victim D was committed from January 1, 2012 to August 4, 2013; the Defendant was sentenced to one year to imprisonment with prison labor at the branch court of Suwon District Court on January 9, 2013; and the crime of fraud against the victim, from July 23, 2013 to July 2015, 2014, the judgment became final and conclusive at the same time, which became final and conclusive (hereinafter referred to as “the final and conclusive judgment”); the crime of fraud was committed from around 200 to 200, which became final and conclusive by the final and conclusive judgment of the said district court on July 23, 2013.
Therefore, the relationship between the crime of the second final and conclusive judgment and the crime of fraud against victim D cannot be established, and the relationship between the latter part of Article 37 of the Criminal Code cannot be established.