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(영문) 대구지방법원 2013.11.07 2013노2838
사기등
Text

The judgment of the court below is reversed.

A fine of 2.0 million won shall be imposed on the second offense in the judgment of the defendant with respect to the first offense.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (the imprisonment of six months and the fine of two million won) is too unreasonable.

2. Ex officio determination

A. On May 19, 201, the lower court determined that: (a) the Defendant was sentenced to a suspended sentence of two years on May 27, 201 to imprisonment with prison labor for up to eight months for fraud; and (b) on January 17, 2013, the court rendered a final and conclusive judgment on January 25, 201, after having been sentenced to a suspended sentence of six months for fraud for the same court’s imprisonment with prison labor for up to two years; and (c) the Defendant was sentenced to a suspended sentence of two years for fraud on January 25, 2013 for the first time (hereinafter “the second judgment”); and (d) between the crimes of Article 1 (hereinafter “the first crime”); and (b) the crimes of Article 2 (hereinafter “the second crime”); and (e) the latter part of Article 37 (1) of the Criminal Act, which were crimes prior to the final and conclusive judgment on the second judgment; and (e) each of the instant crimes of imprisonment with prison labor for up to six months.

B. Article 37 of the Criminal Act provides for the requirements and scope of deliberation for concurrent crimes under the latter part of Article 37 of the Criminal Act: (a) several concurrent crimes that may be concurrently determined in a single trial (so-called “simultaneous concurrent crimes”); (b) separate crimes that have already become final and conclusive and are not concurrently determined, but the crime for which judgment became final and conclusive and the crime committed before such judgment has become final and conclusive are also concurrent crimes in the latter part (so-called “so-called ex post concurrent crimes”); (c) Article 38 of the Criminal Act for concurrent crimes under the former part of Article 37 of the Criminal Act; (d) Article 39(1) of the Criminal Act for latter concurrent crimes under the latter part of Article 37 of the Criminal Act; and (e) Article 37 of the Criminal Act provides for the method of determining punishment for latter concurrent crimes under the latter part of Article 37 of the Criminal Act; and (e) Article 37 of the Criminal Act

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