A person shall be punished by imprisonment with prison labor for not less than two years, and for not more than two or three years, with prison labor for a crime set forth in the judgment of the defendant.

Punishment of the crime

[criminal records] On March 30, 2011, the Defendant was sentenced to imprisonment with prison labor for a crime of fraud, etc. at the Suwon prison on April 2, 201, and on June 2, 2011, and completed the execution of the sentence in Daejeon Prison on February 19, 2013.

On April 30, 2014, the Defendant was sentenced to four months of imprisonment for fraud and one year of suspended execution, and the judgment became final and conclusive on May 8, 2014. The Prosecutor indicted the Defendant that the crime No. 1 of the judgment was in the relationship of single concurrent crimes after Article 37 of the Criminal Act with the above crime of fraud and Article 37 of the Criminal Act.

However, in light of the latter part of Article 37 of the Criminal Act and the language, legislative purport, etc. of Article 39(1) of the Criminal Act, if a crime for which judgment has not yet become final and conclusive cannot be judged concurrently with the crime for which judgment has already become final and conclusive, the relationship of concurrent crimes after Article 37 of the Criminal Act cannot be established, and it is reasonable to interpret that a sentence may not be imposed, or mitigated or exempted from punishment in consideration of equity and equity (see Supreme Court Decision 2014Do469, Mar. 27, 2014). Examining the instant case in light of the foregoing legal principles, the fraud crime for which judgment has become final and conclusive on May 8, 2014 is a concurrent crime as stated in the criminal records of the judgment and Article 37 of the Criminal Act and Article 37 of the Criminal Act cannot be established at the same time, and thus, the relationship between the two crimes after Article 37 of the Criminal Act cannot be established.

However, as if there was no final judgment on May 8, 2014, the crime of Article 38 of the Criminal Act between the crime of Article 1 and the crime of Articles 2 and 3 of the Judgment, which was committed before and after the said judgment, is recognized as a concurrent crime under the former part of Article 37 of the Criminal Act and Article 38 of the Criminal Act cannot be deemed as being applied. Thus, it is inevitable to separately determine and sentence punishment for each crime committed before and after the final judgment (see the above Supreme Court Decision) / [criminal facts]

1. Fraud against victim D Co., Ltd.;

A. The Defendant is to Pyeongtaek-si on November 21, 2013.