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(영문) 서울남부지방법원 2021.01.12 2020노1227
사기
Text

The judgment below

Of the judgment of the court below, the part on each fraud in the No. 3, 5, 7, and 9 of the crime list attached to the court below.

Reasons

Summary of Reasons for Appeal (misunderstanding of facts or misunderstanding of legal principles)

A. The Defendant, using the same opportunity to borrow money as a health examination business, acquired money continuously from the victim for a certain period of time. From among the facts charged in the instant case, even if the Defendant asserts that the part, including both 4,8 parts of the daily list of crimes attached to the lower court (hereinafter in this case, “the daily list of crimes attached to the lower court,” excluding the part 4,8 parts in the crime, is all inclusive crimes, the above part is in a relationship of a single crime in that it is given as a name irrelevant to the health examination business, as properly explained by the lower court.

subsection (b) of this section.

The crime of fraud listed in the remaining Nos. (hereinafter referred to as “the instant fraud crime”) is a single comprehensive crime, and the statute of limitations has not been completed against the whole of the indictments.

B. Comprehensively taking account of the evidence submitted by the prosecutor, the defendant can be found to have acquired money by deceiving the victim as stated in the facts charged, and thus, all of the fraud crimes of this case shall be convicted.

2. In the case of this case, the prosecutor is in the relation of a single comprehensive crime, including the whole facts charged in the sequence 1 to 9 of crime inundations.

It is clear that the prosecution has been instituted after the lapse of 10 years from the end date of each act, if the prosecution was instituted for the second time 9 years from among them, but all of them are excluded from the crime.

The prosecutor asserts that the entire fraud crime of this case is a single comprehensive crime and that the whole crime should be pronounced guilty, on the grounds of appeal. Thus, the prosecutor first has the relation between the above Nos. 9 and the single comprehensive crime.

The judgment of the number of crimes is mainly based on whether there is a part recognized, and the prosecution is a single crime as a single crime according to the result of the judgment.

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