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The judgment of the court below is reversed.
Defendant 1, 2, 3, 4. The crime list No. 5706 [Attachment 1] No. 2015 [Attachment 1] No. 5706 [Attachment 1].
Reasons
1. The summary of the grounds for appeal is too unreasonable in the original judgment (No. 1: fine of 500,000 won and fine of 4.5 million won, and fine of 2: imprisonment of 6 months).
2. Determination
A. Prior to the judgment on the grounds for appeal by the Defendant’s ex officio, the lower court, on April 25, 2014, determined that the Defendant was sentenced to five months of imprisonment for fraud at the Incheon District Court on August 8, 2014, and that the judgment became final and conclusive on August 8, 2014, and determined that the above crime of fraud for which the judgment became final and conclusive and the crime Nos. 5706 [Attachment 1] of the crimes set forth in [Attachment 5706] No. 5706 [Attachment 5706] of the Criminal Act are treated as concurrent crimes after Article 37 of the Criminal Act, and sentenced to a fine of KRW 50,00 for the crime set forth in [Attachment 5706] No. 5706 [Attachment 1] of the Criminal Act, and a fine of KRW 4.5
However, since crimes Nos. 2, 3, and 4 of [Attachment 5706] No. 5706 of the judgment of the court below are also crimes committed before the judgment of the above fraud becomes final and conclusive, since the crimes Nos. 1, 2, 3, and 4 of [Attachment 2015] No. 5706 of the judgment of the court below, which were committed before the judgment of the court below becomes final and conclusive, are concurrent crimes between the above fraud for which the judgment of the court became final and conclusive and the crime No. 37 of the Criminal Act after Article 37 of the Criminal Act, it shall be handled as concurrent crimes and sentenced to a single punishment. Since each of the remaining crimes committed after the judgment of the court below becomes final and conclusive are concurrent crimes under the former part of Article 37 of the Criminal Act, it is also necessary to sentence another punishment.
Nevertheless, as seen earlier, the first instance court rendered a single punishment for the crime No. 5706 [Attachment 1] No. 2015 [Attachment 5706 [Attachment 1] of the lower judgment, and sentenced another punishment for the remaining crimes. In this respect, the lower court cannot be maintained.
B. As to the judgment of the court below of the second instance, the defendant's error is recognized, and the damage is relatively minor, and it is recognized that the judgment of the court below reached an agreement with most victims.
However, the defendant has been punished for the same kind of crime, and is in the same kind.