The judgment below

The part against the defendant shall be reversed.

Defendant shall be punished by a fine of KRW 4,000,000.

The defendant above.

Summary of Grounds for Appeal

The sentence of the lower court (a fine of 4 million won) is too unhued and unreasonable.

We examine ex officio the grounds for appeal by the prosecutor for ex officio judgment.

According to the records, the Defendant was sentenced to eight months of imprisonment for fraud, etc. at the Busan District Court on September 30, 201, and the judgment becomes final and conclusive on January 31, 2011, ② is sentenced to four months of imprisonment for fraud at the Busan District Court on July 10, 2014, and the judgment becomes final and conclusive on August 29, 2014. The instant crime is in both ① and ② concurrent crimes under the latter part of Article 37 of the Criminal Act, and thus, the punishment should be determined in consideration of equity with the case where the judgment is simultaneously rendered pursuant to Article 39(1) of the Criminal Act.

However, at the time of the pronouncement of the original judgment, the crime of this case and the above (1) are concurrent crimes under the latter part of Article 37 of the Criminal Act only with the criminal record, and the above (2) is not judged on the criminal record, so the original judgment cannot be maintained

Therefore, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is reversed, and it is again decided as follows.

Criminal facts

The summary of the facts charged and evidence admitted by the court against Defendant B is as follows: “Defendant B was sentenced to eight months of imprisonment with prison labor at the Busan District Court on December 3, 2010 and the judgment becomes final and conclusive on January 31, 201,” all of the criminal records of the judgment below, and “Defendant B was sentenced to eight months of imprisonment with prison labor at the Busan District Court on September 30, 2010 and the judgment becomes final and conclusive on January 31, 201. On July 10, 2014, the judgment was sentenced to four months of imprisonment with prison labor at the Busan District Court on July 10, 201, and the judgment was changed to “the final and conclusive on August 29, 2014,” and the summary of evidence was added to “a copy of the judgment” in the part of “1. prior conviction” in the summary of evidence.