Text
The judgment below
The remainder, excluding a compensation order, shall be reversed.
A defendant shall be punished by imprisonment for four months.
Reasons
The Defendant asserts that, on the grounds of the instant appeal, the lower court’s imprisonment (one year of imprisonment) against the Defendant is too unreasonable.
Before the judgment on the grounds for appeal is examined ex officio, and according to the records, the defendant appealed to the Seoul Northern District Court on February 7, 2014 by a sentence of six years to the Seoul Northern District Court for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), but the appeal was dismissed on July 24, 2014. Although the appeal was lodged to the Supreme Court on October 15, 2014, the appeal was dismissed on October 15, 2014, and the above judgment became final and conclusive on the same day. Each fraud in the judgment of the court below is in the concurrent relationship between the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) against which the judgment became final and conclusive and the latter part of Article 37 of the Criminal Act is determined at the same time after examining whether to reduce or exempt punishment in consideration of equity and equity
Therefore, the judgment of the court below is reversed in accordance with Article 364 (2) and (6) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the remaining part of the judgment below except for compensation order is reversed, and it is again decided as follows through pleading.
Criminal facts
The summary of facts constituting a crime and evidence recognized by this court is that "the remaining term of punishment has expired" and all of the facts constituting a crime in the judgment of the court below except that "the remaining term of punishment has expired, and on February 7, 2014, the Seoul Northern District Court sentenced the Seoul Northern District Court to be punished by imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and appealed to the Seoul High Court on July 24, 2014, but the appeal was dismissed on July 24, 2014, and the appeal was dismissed by the Supreme Court on October 15, 2014, which became final and conclusive on the same day."