사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for ten months) of the lower court is too unreasonable.
2. To examine ex officio prior to the judgment on the grounds for appeal for ex officio determination, and to take money by deception several times against the same victim in fraud, if the criminal intent is single and if the method of crime is the same, only a single comprehensive crime in fraud shall be established.
(See Supreme Court Decision 2003Do8251 Decided April 28, 2004, and Supreme Court Decision 2010Do8858 Decided October 14, 2010, etc.). The crime of fraud of this case is committed by the Defendant on the false statement to the effect that, even if the Defendant borrowed money from the victim, the Defendant did not have an intent or ability to repay the money, and that, during the period from May 6, 2017 to September 12, 2017, the Defendant received from the victim property worth KRW 19,393,304 in total on 21 occasions as shown in the list of crimes in the attached Table of the lower judgment, and this shall be deemed to have received money by the same method against the same victim, but it shall be deemed that the Defendant received money through the same means with the same intent as a single criminal intent.
Therefore, the crime of fraud in this case is deemed to be one comprehensive crime.
Nevertheless, the court below held that the crime of fraud in this case was concurrent crimes under the former part of Article 37 of the Criminal Act. The court below erred by misapprehending the legal principles on the number of crimes, which affected the conclusion
3. In conclusion, 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, on the ground of the above ex officio reversal, and the judgment below is again decided as follows.
[Reasons for the judgment of multiple times] Criminal facts and summary of evidence recognized by this court are all the same as that of each corresponding column of the judgment of the court below.