사기등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than two months.
The prosecutor of this Court brought a public prosecution on the fraud among the facts charged in the instant case that "the defendant acquired a total of 60,705,000 won from the victim through eight times in total, such as the list of crimes (2) as shown in the attached Table of the court below from August 13, 2017 to September 18, 2017." The court below judged that among the facts charged in the instant case, the part as to the sum of 5,705,00 won listed in the list of crimes (2) Nos. 1 through 3, 5, and 8 of the attached Table of the court below was guilty only in the order, and found the defendant not guilty for the reasons as to the sum of 5,00,000 won listed in the list of crimes No. 4 of the above list of crimes.
The defendant appealed only against this, and since the crime of fraud and the part of innocence that was found guilty in the court below's judgment are a comprehensive crime, in such a case, the part of innocence for the above reason is also judged to be reversed together with the guilty part by the principle of no appeal.
However, as long as the prosecutor did not appeal the part of the acquittal for the above reasons, the part of the acquittal for the above reasons is in fact excluded from the object of attack and defense between the parties, and thus, it cannot be judged again in the trial.
Therefore, the conclusion of the court below as to the acquittal portion of the above reasons shall be followed, and this court shall not decide separately.
2. The decision of the court below on the summary of the grounds for appeal is too unreasonable for six months of imprisonment with prison labor, and the decision on the punishment against the defendant shall be made in consideration of equity with the case where each of the crimes of this case and the judgment of this case become final and conclusive since the decision of the court below was rendered.
3. According to the data submitted in the instant trial proceedings, the Defendant was sentenced on April 24, 202 to imprisonment with prison labor for a crime of fraud, etc. at the Seoul Eastern District Court on August 20, 2020, and the judgment became final and conclusive on August 20, 202, and June 10, 2020.