사기등
The judgment of the court below is reversed.
Attached Form 1 of the List of Offenses (1) No. 1 and No. 2 shall be attached to the judgment of the defendant.
1. The summary of the grounds for appeal is that the defendant, around May 3, 2006, was suspected of having been diagnosed by the D Hospital as an essential part of the examination. Thus, the defendant has no obligation to notify the victims of this fact.
In addition, it is a separate disease between the kidnean and kidnean, and the defendant claimed insurance money with kidnean, so it is not deceiving the victims.
In addition, as the defendant has maintained the existing insurance contract, he did not intend to acquire insurance money.
Nevertheless, the court below erred by misapprehending the facts or by misapprehending the legal principles, which found the Defendant guilty of all the charges, thereby affecting the conclusion of the judgment.
2. Crimes for which judgment of ex officio or higher punishment has become final and the crimes committed before such judgment has become final and conclusive shall constitute concurrent crimes provided for in the latter part of Article 37 of the Criminal Act. In such cases, punishment shall be imposed in consideration of equity in cases where a crime among concurrent crimes provided for in Article 39 (1) of the Criminal Act and a crime for which judgment has not become final and conclusive are concurrently adjudicated
In addition, when there is a final judgment to be sentenced to imprisonment without prison labor or more severe punishment for other crimes in several middle of crimes, the relation of concurrent crimes should be prevented at the time of the final judgment.
According to the records, the Defendant, at the Daegu District Court on November 26, 2009, sentenced 2 years of suspended execution and 120 hours of community service work to be committed for fraud in October 26, 2009, was sentenced to imprisonment for 10 months, and the judgment became final and conclusive on October 14, 2010.
Therefore, since each crime listed in the annexed Table 1 and 2, which was committed before the above judgment becomes final and conclusive, is in the relation of fraud for which the above judgment becomes final and the latter part of Article 37 of the Criminal Act, and the crime listed in the annexed Table 1 and 2, each crime listed in the annexed Table 1 and 2, which was committed before the judgment becomes final and conclusive, the court below shall be the above crime for which the judgment has not been