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Of the guilty portion of the lower judgment and the part of the lower judgment’s acquittal, the part of the Defendants’ fraud on March 17, 2017.
Reasons
1. Summary of grounds for appeal;
A. Comprehensively taking account of the evidence that correspond to each of the facts charged, prosecutor 1) mistake of facts (the part on acquittal against the accused) and the evidence that correspond to each of the facts charged are as follows: ① Defendant A conspired with Defendant A on March 5, 2017; ② Defendant A deceptiond the victim D on March 14, 2017; ③ the Defendants informed the victim D on March 17, 2017; ③ the Defendants received KRW 3 million from the victim D in cash on March 17, 2017; ④ Defendant A deceiving the victim BX on February 27, 2015 and May 18, 2015. 2) The lower court against the Defendants of unfair sentencing (Defendant A [Defendant A [Defendant A] [Defendant A] [Defendant A]] was sentenced to imprisonment for two months, two years and six years and six years and one year and one year imprisonment for the remaining crimes).
B. The lower court’s punishment against the Defendants is too unreasonable.
2. Determination
A. From among the convictions of the lower judgment 1 ex officio determination, prior to the judgment on the grounds for appeal regarding the part on the crime in the case of Defendant A’s 2018 Godan4, Defendant A was sentenced to imprisonment with prison labor for not more than one year and two months at the Daejeon District Court on February 13, 2014, as stated in the first head of the crime in the lower judgment, and the judgment became final and conclusive on June 20, 2014, as well as on December 29, 2014, which was sentenced to a suspended sentence of two years for imprisonment with prison labor for not more than ten months and decided on January 6, 2015. On November 27, 2015, the said judgment became final and conclusive on December 5, 2015, which became final and conclusive on June 20, 2015, both of which became final and conclusive.
Therefore, not only fraud, etc. committed on June 20, 2014 of the first head of the crime in the judgment below, but also fraud committed on January 6, 2015, and December 5, 2015, as well as the crime of fraud committed on December 5, 2015, and the latter part of Article 37 of the Criminal Act, are concurrent crimes under Article 39(1) of the Criminal Act.