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(영문) 서울북부지방법원 2014.08.14 2014노498
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (six months of imprisonment) is too unreasonable.

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

In the case of fraud, if the money is acquired by deceptive act several times against the same victim, only a single crime of fraud shall be established if the criminal intent is the same and the method of crime is the same.

(2) According to the evidence duly adopted and examined by the court below, the defendant was unable to help the victim C to move to the United States or to work at the clothing store operated by his/her father and wife, but the victim's wife's wife in the United States operated a large clothing store in the U.S., so the victim's wife's husband and wife in the U.S. would be able to work at the ancillary store in the U.S., and based on these deceptions, it is reasonable to see that the defendant's wife in the U.S. would be able to help the defendant to work at the ancillary store in the U.S., and based on these deceptions, it is reasonable to see that the defendant's wife was 1050 won as a single crime of this case, on seven occasions more than seven months in time in the U.S., on the ground that the defendant's expenses to prepare for the alien's travel, expenses to the defendant's travel, and personnel expenses to take part in the defendant's employment.

Nevertheless, the court below held that the defendant's crime of this case constitutes a separate crime and dealt with it as concurrent crimes. Thus, the court below erred in the misapprehension of legal principles as to the number of crimes, which affected the conclusion of the judgment, and in this respect, the judgment of the court below

3. Accordingly, the judgment of the court below is necessary to determine the grounds for appeal on the grounds of unfair sentencing, since the above grounds for reversal are grounds for ex officio.

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