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The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 2,000,000.
The above fine shall not be paid by the defendant.
Reasons
1. The sentencing of the lower court (two million won of a fine) is too unlimited and unfair.
2. Prior to the judgment on the Defendant’s assertion of unreasonable sentencing, the record reveals that the Defendant was sentenced to a two-year suspended sentence of imprisonment on May 2, 2012 for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Drivers, Violence, etc.) in the Changwon District Court’s Busan District Court’s assistance on May 2, 2012, and on August 25, 2012.
Therefore, since the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Drivers, Violence, etc.) and the crime of fraud of this case, etc., which became final and conclusive, are concurrent crimes under the latter part of Article 37 of the Criminal Act, punishment shall be determined after considering equity and the mitigation or exemption of punishment pursuant to Article 39(1) of the Criminal Act. As such, the judgment of the court below
3. If so, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and it is again decided as follows.
Criminal facts
The substance of the facts charged and the summary of the evidence admitted by this court are as stated in each corresponding column of the judgment of the court below, except for adding "The defendant was sentenced to three years of suspension of execution on the grounds of the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (traffic assault, etc.) at the Changwon District Court Branch on May 2, 2012 to "the defendant was sentenced to three years of suspension of execution on the grounds of a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (traffic assault, etc.)" to the first head of the judgment of the court below. Thus
Application of Statutes
1. Relevant Article 347(1) of the Criminal Act, Article 260(1) of the Criminal Act, and Article 260(1) of the Criminal Act, the choice of each fine for a crime;
1. To treat concurrent crimes;