The case reversing the judgment of the court below that acquitted the facts charged in relation to a single comprehensive crime on the ground that there has been a final summary order, since the right to request formal trial against the above summary order has been restored after the judgment of the court below, and thus

Article 37 of the Criminal Act

Defendant

Prosecutor

Attorney Lee Dong-soo

Seoul Southern District Court Decision 2006No1548 Decided January 10, 2007

The judgment below is reversed, and the case is remanded to Seoul Southern District Court Panel Division.

We examine the grounds of appeal.

The lower court determined that the criminal facts of habitual fraud committed by the Defendant for whom the summary order became final and conclusive and the criminal facts of fraud committed against the Nonindicted Party of the victim committed prior to the issuance of the above summary order among the facts charged in the instant case are all the criminal facts committed by the Defendant through the realization of the Defendant’s fraudulent habits, and thus, constitutes the crime of habitual fraud, which is a single comprehensive crime, and thus, it constitutes a crime of habitual fraud, and thus, sentenced the Defendant to be acquitted.

However, on June 27, 2006, the defendant filed an application for recovery of the claim for formal trial with the Government District Court Decision 2006Hu6577 delivered on June 27, 2006, and the fact that formal trial proceedings commenced on January 30, 2007, which was after the decision of recovery of the claim for formal trial was rendered after the decision of the court below was rendered, is obvious to party members. Thus, the judgment of the court below which acquitted this part of the facts charged on the ground that there was a final summary order, which became final and conclusive after the decision of the court below became final and conclusive. Thus, the court below's decision that acquitted this part of the facts charged is unlawful. Therefore, the grounds for appeal pointing this out are with merit (However, the facts charged in the above summary order is habitually fraudulent and its effect affects the whole facts recognized as identical to the facts charged, and the scope of the indictment effective after the trial is final and conclusive at the time when it is possible to examine the facts. Thus, the court below's decision that it is necessary to dismiss of the facts charged of this case.

Therefore, the part of the judgment of the court below which pronounced acquittal shall not be reversed, and since the crime which the court below found guilty and this part of the crime are concurrent crimes under the former part of Article 37 of the Criminal Code, and the prosecutor appealed to the whole of the judgment of the court below, the guilty part of the judgment of the court below

Therefore, the entire judgment of the court below is reversed and the case is remanded to the court below for a new trial and determination. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Park Ill-sook (Presiding Justice)