A defendant shall be punished by imprisonment for six months.

2. We examine ex officio prior to the judgment on the grounds for appeal ex officio.

In the case of fraud, if the money is acquired by deceptive act several times against the same victim, only a single crime of fraud shall be established if the criminal intent is the same and the method of crime is the same.

(2) In light of the aforementioned legal principles, the Defendant’s crime of this case was committed under the single criminal intent against the same victim, and constitutes a single comprehensive crime, based on the evidence duly adopted and examined by the lower court. However, even if the Defendant borrowed money to the victim without any intent or ability to repay the money as agreed, it is reasonable to view that the Defendant’s act of this case constitutes a single crime. The Defendant, based on the evidence duly adopted and examined by the lower court, was committed under the same criminal intent.

Nevertheless, the court below held that the defendant's crime of this case constitutes a separate crime and dealt with it as concurrent crimes. Thus, the court below erred in the misapprehension of legal principles as to the number of crimes, which affected the conclusion of the judgment, and in this respect, the judgment of the court below

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the grounds for appeal of unfair sentencing, and the judgment below is again decided as follows after pleading.

Criminal facts

The summary of the facts constituting the crime and the evidence admitted by the court is "the first head of paragraph (3) of the facts constituting the crime of the court below" on February 22, 2013.