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(영문) 서울북부지방법원 2016.02.04 2015노1669

사기

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (six months of imprisonment) is too unreasonable.

2. We examine ex officio the grounds for appeal by the defendant before determining ex officio.

Where several acts falling under the name of the same crime or continuous acts are continuously conducted for a certain period under the single and continuous criminal intent and the benefit and protection of the law from such damage are the same, each act shall be punished by a single comprehensive crime among them. However, where the unity and continuity of a criminal intent are not recognized or the method of committing a crime is not the same, each act constitutes a single concurrent crime (see, e.g., Supreme Court Decision 2011Do14135, Mar. 29, 2012). Based on the aforementioned legal doctrine, each of the instant fraud acts by the defendant is identical to the victim, and all of the circumstances, means, and methods are the same, and the date of each act is relatively close, and each act is continuously conducted for a certain period under the single and continuous criminal intent, and thus, it constitutes a case where the benefit and protection of the law is identical, and thus, it constitutes a single comprehensive crime relationship.

It is reasonable to view it.

Nevertheless, the court below erred by misapprehending the legal principles as to the number of crimes, thereby affecting the conclusion of the judgment, and in this respect, the judgment of the court below shall no longer be maintained.

3. Thus, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument about sentencing, and the judgment below is again ruled as follows after pleading.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

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