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(영문) 서울북부지방법원 2013.10.31 2013노977

사기

Text

The prosecutor's appeal is dismissed.

Reasons

1. The criminal facts of the previous conviction judgment prior to the summary of the grounds for appeal and the facts charged of the instant case are different from the criminal intent, and do not constitute a single comprehensive crime.

2. The court below stated the reasons in detail, and found the criminal facts of the previous case for which the conviction has become final and conclusive and the facts charged of this case constitute a comprehensive crime of fraud by recognizing the uniformity of criminal intent.

In addition, since the above final judgment affects the facts charged in this case, the facts charged in this case constitute the case where the final judgment was rendered, and the judgment of the court below is just if it is compared with the records of the reasoning of the judgment below.

3. Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.