In a case where a crime of fraud committed before the judgment becomes final and conclusive is one-inclusive crime of habitual fraud, whether res judicata effect of such final and conclusive judgment may affect the facts charged after the final and conclusive judgment becomes final and conclusive (affirmative)

In light of the facts constituting a crime of fraud which was affirmed on June 29, 198 and the facts charged prior to the rendering of a judgment, which became final and conclusive, and thereafter, the facts charged are identical or similar to the facts charged in this case in several methods, and the defendant repeats the same crimes within a short period despite the previous conviction of four times, in view of the fact that the crime of fraud in the final and conclusive judgment and the facts charged in this case, which had been committed prior to the rendering of a judgment, are in the relation of a comprehensive crime of habitual fraud, and the final and conclusive judgment of the above facts charged in this case also affect the facts charged in this case. Therefore

Article 326 of the Criminal Procedure Act, Article 351 of the Criminal Act

Supreme Court en banc Decision 77Do3564 delivered on February 14, 1978 (Gong1978, 11094) 81Do69 delivered on April 14, 1981 (Gong1981, 13908) 82Do2829, 82Do612 delivered on April 26, 1983 (Gong1983, 926), 83Do2609 delivered on December 13, 1983 (Gong1984, 234), 84Do20 delivered on March 13, 1984 (Gong1984, 753), 84Do1322 delivered on July 24, 198 (Gong1984, 1518), 1983Do689 delivered on July 28, 197) 1988.

Defendant

Prosecutor

Daejeon District Court Decision 89No511 delivered on August 18, 1989

The appeal is dismissed.

We examine the prosecutor's grounds of appeal.

Examining the reasoning of the judgment of the court below in light of the records, the defendant was sentenced to a suspended sentence of 8 months on February 27, 1975 to imprisonment for fraud; 8 months on December 14, 1978 to imprisonment for a violation of the Employment Security Act and a crime of fraud; 1 million won on July 19, 1985 to a fine for fraud; 8 months on June 29, 198 to a Youngju District Court Youngju Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch of 1 million won on June 29, 1988 to a hospital restaurant; and the crime of fraud of this case was committed by fraud, such as the necessity of a lawsuit seeking confirmation of existence of paternity; therefore, if the facts of the crime of this case are identical or similar to those of this case and the law were repeated within a short period of time despite multiple previous convictions, it constitutes a violation of the rules of evidence and the judgment of the court below as to the crime of fraud of this case prior to the final judgment or the final judgment.

The issue is groundless.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Lee Jong-soo (Presiding Justice) Lee Chang-soo Kim Jong-won