[사기][공1984.2.1.(721),234]
Whether a crime committed before the final judgment is in the relation of a blanket crime, whether such a crime affects the facts charged after the final judgment became final and conclusive (affirmative)
The judgment of the appellate court of Gwangju District Court rendered a judgment on December 21, 1982 that "foreign employment fraud throughout the period from January 7, 1982 to 5.7" and the crime of this case, which is the facts of the fraud of this case, are identical to the motive and method, and repeated crimes of the same kind within a short period, so long as the crime of habitual fraud, which is a single crime under the substantive law, is one inclusive crime under the substantive law, the res judicata effect of the above final judgment, is also limited to the facts of this case, which is prosecuted for a simple fraud, and thus, the judgment of acquittal shall be made.
Articles 347(1) and 351 of the Criminal Act; Article 326 of the Criminal Procedure Act
Supreme Court en banc Decision 77Do3564 Decided February 14, 1978
Defendant
Prosecutor
Gwangju District Court Decision 83No570 delivered on August 11, 1983
The appeal is dismissed.
The grounds of appeal are examined.
The final facts of the judgment of the court below are as follows: (a) the defendant pretended to be employed in a foreign country without the intention or ability to deliver it; (b) it falsely speaks that it was done as teaching expenses; and (c) the defendant acquired 5,200,000 won in total from the victim Kim Jong-won and eight other persons on nine occasions from January 7, 1982 to May 7, 1982; (d) was sentenced to imprisonment for two years at the Gwangju District Court on August 20, 1982, and appealed from two years at the Gwangju District Court on December 21, 1982; and (e) was in the calendar at the same time determined at that time after being sentenced to imprisonment for one year and six months at the appellate court on December 21, 1982; and (e) the facts charged in this case was obtained by deceiving 800,000 won as the same overseas employment fraud method, and the criminal facts charged in this case were combined with the facts charged in this case.
Therefore, the facts charged in this case and the facts charged in this case are related to the crime of habitual fraud, which is a single crime under the substantive law, and the res judicata effect of the final judgment on the crime of fraud is related to the crime of habitual fraud, but it is also excessive to the facts charged in this case which is charged for a simple crime. Thus, the judgment of acquittal should be rendered on the facts charged in this case (refer to the en banc Decision 77Do3564 delivered on February 14, 1978). The above purport of the judgment of the court below, which is the same purport, shall not be adopted to criticize the judgment of the court below on the basis
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.
Justices Lee Chang-chul (Presiding Justice)