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(영문) 서울고등법원 2017.02.15 2016노3922

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

In relation to the mistake of the substance of the grounds for appeal and the misunderstanding of the legal principles (public prosecutor) with regard to the fraud of the victim G, the Defendant acquired money by means of the same or similar crime with a single criminal intent to G from the same victim with a single criminal intent over 16 times a period of time not exceeding one year, and thus constitutes a single single crime.

However, the court below judged this as a simple crime, and there is an error of law by misunderstanding the facts and misunderstanding the legal principles as to a single comprehensive crime.

In light of the following circumstances acknowledged by the evidence duly adopted and investigated, the lower court determined that each of the crimes listed in the list of offenses listed in the attached Form of the lower judgment against the victim G cannot be deemed the same method, and there is no other evidence to acknowledge it otherwise, and thus, it cannot be deemed that each of the crimes listed in the list of offenses listed in the attached Form of the lower judgment cannot be deemed as a single crime, comprehensively taking account of the following circumstances acknowledged by the prosecutor’s determination of the facts and the misapprehension of legal doctrine (the prosecutor). On the contrary, the lower court determined that the evidence submitted by the prosecutor alone against the victim G was the same.

The victim of each crime listed in the attached list of crimes in the court below is the same victim. However, in the case of each crime listed in the attached list of crimes in the No. 1 through No. 6, in the case of the defendant's deception, the defendant made a false statement that "in the case of the crime of each crime in the No. 1 through No. 6, the 10% of the profits per month would be made if the investment was made while making an investment." In the case of each crime in the No. 7 and 8 years, the defendant made a false statement that "in the case of the mother company among the children in the inside, there is a person who will be a good share of the mother company as the head of the shares management team known, and in the case of the investment, the principal and profits will be made within two months," and each crime in the No. 9 through No.