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The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 30,000,000.
The above fine shall not be paid by the defendant.
Reasons
1. The main point of the grounds for appeal is that the court below's imprisonment (eight months of imprisonment) is too unreasonable.
2. According to the records of ex officio judgment, the defendant was sentenced to one year and six months of imprisonment with prison labor for a crime, such as violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), at the Jung-gu District Court on December 29, 2009, and the judgment became final and conclusive on May 21, 2010 (hereinafter “the final and conclusive judgment”), and (2) the defendant appealed at the Jung-gu District Court on November 30, 2012 that “one year and six months of imprisonment with prison labor for each crime other than the crime without accusation,” and on February 4, 2015, the defendant appealed to the conviction of “one year and one year of imprisonment with prison labor for the remaining crimes other than the crime without accusation at the Seoul High Court, and dismissed the final and conclusive judgment on May 14, 2015 (hereinafter “the final judgment”), but the remaining crime was finalized on or before the date the final judgment became final and conclusive (hereinafter “the final judgment”).
According to the above facts, the remaining crimes except for the accusation among the crimes acknowledged in the final and conclusive judgment No. 2 have been committed prior to the date of final and conclusive judgment No. 1. Thus, the concurrent crimes under the latter part of Article 37 of the Criminal Act cannot be established since each of the crimes of this case committed after the date of final and conclusive judgment No. 2, but all of the crimes of this case committed after the date of final and conclusive judgment No. 2 and each of the crimes of this case committed after the date of final and conclusive judgment No. 37 of the Criminal Act. Thus, the punishment should be determined by taking into account equity and the case of concurrent crimes under Article 39(1) of the Criminal Act.
However, the application of the judgment of the court below is dealt with.