The judgment below

Of them, the part concerning the first crime of defendant A as to the judgment against defendant A shall be reversed.

Defendant

A is a crime of No. 1.

1. Summary of grounds for appeal;

A. Defendant A (Feng-type 1: imprisonment with prison labor for 2 years, and imprisonment for 2 years and 3 years: imprisonment with prison labor for 1 year) is too unreasonable.

B. Defendant B (2015 did not fall under Defendant A) and believed that the said Defendant was able to make an investment of KRW 10 billion to the victims, thereby deceiving Defendant A of mistake of fact. Therefore, there was no intention to acquire money by deception. Therefore, the lower court’s sentence of unreasonable sentencing (2 million won) is too unreasonable.

2. Determination

A. Defendant A1) Of the judgment of the court below, “a crime for which judgment to face with imprisonment without prison labor or heavier punishment has become final and a crime committed before such judgment has become final and conclusive” falls under concurrent crimes provided for in the latter part of Article 37 of the Criminal Act. In such cases, a crime for which judgment has not been rendered among concurrent crimes pursuant to Article 39(1) of the Criminal Act and a crime for which judgment has become final and conclusive shall be sentenced in consideration of equity and the same.

Meanwhile, in light of the language, legislative intent, etc. of the latter part of Articles 37 and 39(1) of the Criminal Act, where a crime for which judgment has not yet become final and conclusive cannot be judged concurrently with the crime for which judgment has already become final and conclusive, the punishment shall not be imposed at the same time in consideration of equity and equity, or the punishment shall not be mitigated or exempted.

(B) According to evidence (see, e.g., Supreme Court Decision 2012Do9295, Sept. 27, 2012). (B), Defendant A was sentenced to imprisonment with prison labor for not more than four months, and four months for crimes falling under Articles 2 and 3 in its holding at the Seoul Eastern District Court on July 16, 2009 with respect to a crime falling under Article 1 in its holding as a crime of fraud at the Seoul East Eastern District Court on July 16, 2009, and said judgment (hereinafter “the first judgment”).

(2) On August 7, 2014, the above Defendant was sentenced to seven months of imprisonment for a crime of fraud at the Seoul Central District Court on August 7, 2014, and the judgment (hereinafter “second judgment”) was rendered on August 15, 2014.

(C) The facts established, and the date and time of the commission of each of the crimes in the judgment of the second instance are recognized as of October 21, 2007 and December 24, 2008, prior to the date of the final and conclusive judgment of the first instance.