The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

1. The sentence of the court below against the defendant in the summary of the grounds for appeal is too unreasonable.

2. Where the money is acquired by deception by means of deception over several occasions against the same victim in a crime of fraud prior to a judgment on the grounds of appeal by authority, only the comprehensive crime of fraud is established if the criminal intent is single and the method of crime is identical.

Therefore, according to the records of this case (see, e.g., Supreme Court Decision 2005Do8645, Feb. 23, 2006). Each of the crimes of this case is committed with the concealment that the defendant is a person with bad credit standing and is liable to pay a large amount of debt to the victim. The crime of this case is committed with the deception of the victim about 40 million won by deceiving the victim that "if the defendant lends the money, he/she shall pay the amount of the medical care after one year, he/she will pay it, and shall pay interest for each month," and that he/she shall receive about 2 months by deceiving the victim. Since the crime of fraud is committed with the same method under the single criminal intent

I would like to say.

Nevertheless, the court below, however, found the defendant's act as a separate crime and committed an illegal act that has been treated as concurrent crime, and that such an illegal act had influenced the judgment, so the judgment of the court below cannot be maintained any more in this regard.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, since there is a ground for ex officio reversal, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as shown in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. The provision applicable to criminal facts and Article 347(1) of the Criminal Act that allows the defendant to commit a crime and reflects the fact that the reason for sentencing is the first offender who has no record of punishment.