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(영문) 인천지방법원 2019.03.08 2019노282
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

except that the ruling shall be made for one year from the date of the final judgment.

Reasons

The summary of the grounds for appeal (unfair punishment) sentenced by the court below (six months of imprisonment) is too unreasonable.

We examine ex officio prior to the judgment on the grounds for appeal ex officio.

In the case of deception through deception on several occasions with the same victim in a crime of fraud, if the criminal intent is a single and the method of crime is the same, only a single comprehensive crime of fraud shall be established.

(2) The crime of this case is a single criminal intent and a single method of crime is identical to each other, and thus, the crime of this case is a single criminal act. The crime of this case is a single criminal act, and a single criminal act is a single criminal act and a single criminal act is a single comprehensive crime act. It is reasonable to deem that the crime of this case is a single criminal act, in full view of the following legal principles: (a) the criminal act of this case is committed by deceiving a victim without any intent or ability to repay money from the victim; and (b) the criminal act of this case was acquired and acquired property benefits by using the victim’s credit card; and (c) the criminal act of this case acquired and acquired them by means of the victim’s credit card.

Nevertheless, the court below deemed each of the above fraud as a separate crime and treated it as concurrent crime, and there is an error of law by misunderstanding the legal principles as to the number of crimes.

In this respect, the judgment of the court below cannot be maintained.

The judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment of the court below is reversed and it is again decided as follows.

[Discied Judgment] The summary of facts constituting an offense and evidence recognized by this court is identical to the description of each corresponding column of the judgment below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act, except for the case where the court below changed the facts constituting an offense and summary of evidence into “ around March 28, 2018” as “ around March 28, 2016.”

Application of Statutes

1. Relevant provisions concerning facts constituting an offense;

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