사기
The judgment of the court below is reversed.
Of the judgment of the court below, the defendant Nos. 4, 33 through 39 are set forth in the annexed list of crimes.
1. Summary of grounds for appeal;
A. Although each crime of misapprehension of the legal principles is in a substantive concurrent crime, the court below judged it as a single comprehensive crime and judged it as an unlawful act affecting the judgment.
B. The sentence imposed by the lower court (eight months of imprisonment) is too unreasonable.
2. Where several acts falling under the name of the same crime (legal scenarios) or continuous acts are continuously conducted for a certain period under the single and continuous criminal intent and where the legal benefits from such damage are the same, each act shall be punished by a single comprehensive crime among them, but where the unity and continuity of the criminal's intent are not recognized or the method of committing the crime is not the same, each act constitutes a substantive concurrent crime;
(3) The Defendant’s assertion points out the following points: (a) the Defendant’s act of fraud listed in the [Attachment 4] No. 5 of the judgment below is distinguishable from the following: (b) the Defendant’s act of fraud in the health room; (c) the Defendant’s act of fraud listed in the [Attachment 4] No. 33 through 38 of the crime list; (d) the attorney fee for the said fraud case; and (d) the other fraud is related to the contract work cost for the land or the entertainment expenses related to the land contract; and (e) the specific contents of the deceptive name and the deception are different; (d) each of the above crimes is not recognized as having the unity and continuity of the criminal intent or having the method of committing each of the crimes identical; and thus, (c) each of the above crimes should be deemed concurrent crimes; (d) the Defendant’s act of fraud was committed as a single comprehensive crime; and (d) the Defendant’s act of fraud affected the judgment.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.
Criminal facts.