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All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for not less than eight months.
Reasons
1. The summary of the grounds for appeal (the first instance court: the fine of KRW 700,00, the second instance court; the fine of KRW 2: Imprisonment with prison labor for one year and two months, the third instance court: the fine of KRW 1 million, the fourth instance: the fine of KRW 3 million) is too unreasonable.
2. Prior to the judgment on the grounds for ex officio appeal, this Court decided to hold a joint hearing of the appeal cases against the judgment below. Each of the judgment below against the defendant is in concurrent crimes under the former part of Article 37 of the Criminal Act, and a single sentence should be imposed within the term of punishment, which increased concurrent crimes in accordance with Article 38(1) of the Criminal Act. Thus, the judgment of the court below cannot be maintained any more.
3. As such, the judgment of the court below is reversed ex officio pursuant to Article 364 (6) of the Criminal Procedure Act without examining the defendant's assertion, and the judgment below is reversed and it is again decided as follows through pleading.
Criminal facts
The summary of the facts charged and the summary of the evidence admitted by this Court, except for the second instance judgment, have been sentenced to imprisonment for one year at the Gwangju District Court on February 11, 2015 and completed the execution of the sentence at the Jeonju Prison on November 19, 2015.
With the exception of adding “”, as described in each corresponding column of the lower judgment, this is cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 347 of the Criminal Act and Article 347 (1) of the Criminal Act and the choice of fines for the crime;
1. Article 35 of the Criminal Act for aggravated repeated crimes;
1. The reason for sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 (an aggravated punishment of concurrent crimes against victim I with the largest criminal intent) of the Act on the Aggravated Punishment of Concurrent Crimes (an aggravated punishment of concurrent crimes as provided for in the crime of fraud against victim I) has a number of times equal to that of the defendant, and the defendant committed a second offense at 7 days after he was released from the prison to the prison for the same crime, and in this case, the crime was committed six times.