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(영문) 대법원 2018.06.28 2018도6260
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

In the case of fraud, in which the money was acquired through deception several times against the same victim, if the criminal intent is a single crime and if the method of the crime is the same, only the comprehensive crime of fraud is established (see Supreme Court Decision 2005Do8645, Feb. 23, 2006, etc.). Examining the reasoning of the judgment below in light of the aforementioned legal principles and the evidence duly admitted, the court below found the victim C guilty of each of the facts charged in violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) against the victim among the facts charged in this case on the grounds as stated in its reasoning, and found the court below guilty of each of the facts charged in violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes against the same victim, each of the above facts committed under the single and continuous criminal intent with the same criminal method

The decision is just, and there is no error in the misapprehension of legal principles as to the judgment on the number of crimes as alleged in the grounds of appeal.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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