(영문) 전주지방법원 2017.04.28 2017노311 | 리걸엔진

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(영문) 전주지방법원 2017.04.28 2017노311

사기

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The court below erred by misapprehending the legal principles in the judgment of the court below with regard to victim C by deeming each of the crimes of this case, including the above part of the facts charged, as a comprehensive crime, since each of the crimes described in the list of crimes in the judgment of the court below with regard to victim C, is not recognized as having the uniformity of the criminal intent, and thus, constitutes a substantive concurrent crime, and even though the statute of limitations for 7 years has expired since each of the crimes was completed, the court below erred by misapprehending the legal principles, thereby affecting the conclusion of the judgment.

B. The sentence of the lower court’s unfair sentencing (one hundred months of imprisonment) is too unreasonable.

2. Determination

A. Judgment on the argument of misunderstanding the legal principles 1) In the event that the money was acquired by deception through several occasions against the same victim in fraud, if the criminal intent is single and the method of crime is the same, only the comprehensive crime of fraud is established (see, e.g., Supreme Court Decision 2003Do4538, Mar. 10, 2005). 2) The following circumstances acknowledged by the evidence duly adopted and investigated at the court below (i.e., the victim of each fraud as indicated in the list of crimes in the original judgment, (ii) the victim is the same person; (iii) the victim is the head of the dental department, the dental department, the dental department, and the 1.1 billion won of the forest and field in Chungcheongnam-west, and the victim is believed to have been aware that the victim would have been made by taking out insurance coverage; and (iii) the defendant would have lent money to the victim on September 5, 2007.

The sum of KRW 88,820,720 shall be delivered to the victim on 36 occasions for six months from that time, including the borrowing of KRW 4,00,00,000.

유사 판례

-서울남부지방법원 2016.05.13 2015노17

-서울서부지방법원 2018.12.06 2018노1128

-대구지방법원 2017.11.24 2017노3742

-광주지방법원 2017.11.01 2017노1487

-전주지방법원 군산지원 2017.02.17 2017고단49