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The judgment below
Part of the compensation order, except the compensation order, shall be reversed.
A defendant shall be punished by imprisonment for not more than ten months.
Reasons
1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (one hundred months of imprisonment) is too unreasonable.
2. We examine ex officio the grounds for appeal by the defendant before determining ex officio.
Where several acts falling under the name of the same crime or continuous acts are continuously conducted for a certain period under the single and continuous criminal intent and the legal interests from such damage are the same, each of such acts shall be punished by a single comprehensive crime. However, where the unity and continuity of a criminal intent are not recognized or the method of committing a crime is not the same, each crime constitutes a single concurrent crime (see, e.g., Supreme Court Decision 201Do14135, Mar. 29, 2012). Based on the aforementioned legal doctrine, each of the instant fraud acts against the victim C by the defendant against the victim is the same person, and all of the circumstances, means, and methods are the same, and the date and time of each act is relatively close to each other, and such legal interests are the same as those of a single and continuous criminal intent. Therefore, it constitutes a single comprehensive crime.
It is reasonable to view it.
Nevertheless, the court below erred by misapprehending the legal principles on the number of crimes, which affected the conclusion of the judgment, and in this respect, the judgment of the court below is no longer maintained.
3. In conclusion, the judgment of the court below is reversed without examining the defendant's unfair argument of sentencing, and the part of the court below's judgment excluding compensation order among the judgment below pursuant to Article 364 (2) of the Criminal Procedure Act is reversed, and it is again decided as follows.
Criminal facts
The summary of the facts charged and the evidence recognized by this court is 7.5% per annum in the list of offenses attached to the judgment of the court below.