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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
Reasons
1. Summary of grounds for appeal;
A. Since the Defendant alleged to be misunderstanding of the legal principles by a single criminal intent acquired money from the victim by the same method for a certain period, each of the crimes of this case constitutes a single comprehensive crime, the lower court, despite the fact that each of the crimes of this case constitutes a single crime, deemed as a single concurrent crime and aggravated concurrent crimes, and thus,
B. The sentence that the court below sentenced the defendant to the punishment (eight months of imprisonment) is too unreasonable.
2. Determination
A. In the judgment of fraud as to the assertion of misapprehension of legal principles, where the money is acquired through deception several times for the same victim, if the criminal intent is single and the method of crime is the same, only the comprehensive crime of fraud shall be established. However, if the identity and continuity of the criminal intent are not recognized or the method of crime is not the same, each crime shall constitute a substantive concurrent crime (see Supreme Court Decisions 2007Do3966, Jul. 26, 2007; 99Do4862, Feb. 11, 200; 2004Do1751, Jun. 25, 2004; 1). In this regard, the following circumstances recognized by the evidence duly adopted and duly examined by the court below, and 204Do1751, Jun. 25, 2004, each victim of fraud is the same person, and 2) where the defendant received money from the mobile phone through the victim's mental or physical disorder, each crime shall be resolved in the mobile phone name.
In full view of the purport of “the fact that the victim opened a mobile phone in the name of the victim and acquired each money by the same method as the victim received from the victim, and ③ the time difference between the act of acquiring each of the instant money does not exceed four days, the Defendant appears to have had the intention of deceiving the victim continuously by the same method. As such, each of the instant crimes is deemed to have been committed.