[특정경제범죄가중처벌등에관한법률위반,사기][공1992.12.1.(933),3184]
In a case where a crime of fraud committed before the judgment becomes final and conclusive and a crime of habitual fraud is one-inclusive, whether res judicata effect of the final and conclusive judgment affects the facts charged of simple fraud committed before the final and conclusive judgment (affirmative)
If the criminal facts of a crime of fraud for which the judgment of conviction was affirmed and the criminal facts of a crime of fraud committed prior to the above final judgment were committed against the Defendant’s fraud, the criminal facts of the above final judgment and the criminal facts of a crime of habitual fraud prior to the above judgment are related to the crime of habitual fraud, which is a comprehensive crime under the substantive law. Therefore, the res judicata effect of the final judgment on the above crime of fraud is related to the crime of a single fraud, but it amounts to an injury to the facts charged prior to the final judgment which was prosecuted for a simple
Article 351 of the Criminal Act, Article 326 subparag. 1 of the Criminal Procedure Act
[Plaintiff-Appellant] 1193 decided Feb. 23, 1990 (Gong1990, 824) 89Do1984 decided May 22, 1990 (Gong1990, 1403) 91Do1874 decided Oct. 8, 1991 (Gong191, 2755)
A
Prosecutor
Daegu High Court Decision 91No511 delivered on November 20, 1991
The appeal is dismissed.
We examine the prosecutor's grounds of appeal.
In light of the records, the judgment of the court below that the defendant was sentenced to two years of imprisonment on March 14, 1991 and the judgment became final and conclusive is just, and there is no error of law by misunderstanding legal principles as to habitual crimes, and if the facts are true, the facts of the above fraud and the facts of the crime of habitual fraud are in the relation of habitual fraud, which is a single comprehensive crime under the substantive law. Therefore, the res judicata effect of the final judgment on the facts of the crime of fraud sentenced on March 14, 191, which is judged on March 14, 1991, are included in the facts of the crime of this case, but are charged as simple fraud, and thus, the judgment of the court below to the same effect is just, and there is no error of law by misunderstanding legal principles as to the theory of lawsuit and the res judicata effect.
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.
Justices Song Man-man (Presiding Justice)