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서울중앙지방법원 2014.09.04 2014노2472
여신전문금융업법위반등
Text

The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Seized No. 1.

Reasons

1. The gist of the grounds for appeal is too unreasonable in light of the fact that the defendant recognized the crime of this case and reflects the fact that the defendant should support his family, etc.

2. Prior to the judgment on the grounds for appeal by the Defendant, the following facts are examined. According to the evidence, the Defendant, who was sentenced to eight months of imprisonment with prison labor at the Incheon District Court on July 16, 2008, due to fraud, etc., and the judgment became final and conclusive on July 24, 2008, and was released on September 30, 2013 while serving the above sentence from March 7, 2013 and was released on November 5, 2013.

Therefore, even though each of the crimes of this case constitutes a repeated crime committed within three years from the completion of the execution of punishment, the court below erred by omitting aggravation of repeated crime. Thus, the part of the judgment of the court below against the defendant is no longer maintained.

3. In conclusion, the part of the judgment of the court below against the defendant is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's grounds for appeal, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by this court is to be added to the first head of the judgment of the court below on July 16, 2008 that "the defendant was sentenced to eight months of imprisonment for fraud, etc. at the Incheon District Court on July 24, 2008, which became final and conclusive on July 24, 2008, and the judgment was released on September 30, 2013 and the remaining term of imprisonment has expired on November 5, 2013 while the above sentence was served on September 7, 2013," and changed to " February 28, 2014" as " March 21, 2014," and the summary of the evidence as stated in the relevant column of the court below on July 5, 2014, except for adding "written inquiry of the defendant, the status of personal identification and expropriation," as it is, pursuant to Article 369 of the Criminal Procedure Act.

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